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23^ 



RECEIVED 

JUL 20 1987 
r»w LIBRARY 



The 
NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



COWo 
Till 



EXECUTIVE ORDERS 

FINAL DECISION LETTERS 

PROPOSED RULES 
Administration 
Agriculture 
CPA 

Community Colleges 
Human Resources 
Justice 
NR & CD 

FINAL RULES 

Corrections 

LIST OF RULES AFFECTED 

ISSUE DATE: JULY 15, 1987 
Volume 2 • Issue 4 • Pages 199-285 



*r 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published monihly and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter I SOB of the 
General Statutes. All proposed administrative rules and amend- 
ments filed under Chapter I50B must be published in the Register. 
The Register will typically comprise approximately one hundred 
pages per issue of legal text. 

Slate law requires that a copy of each issue be provided free 
of charge to each county in the state and to various state officials 
and institutions. The North Carolina Register is available by 
yearly subscription at a cost of ninety-five dollars ($95.00) for 
12 issues. 

Requests for subscription to the North Carolina Register should 
be directed to the Office of Administrative Hearings. P. O. 
Drawer 11666, Raleigh, N. C 27604. Attn: Subscriptions. 

ADOPTION, AMENDMENT. AND REPEAL OF RULES 

An agency intending to adopt, amend, or repeal a rule must 
first publish notice of the proposed action in the North Carolina 
Register. The notice must include a reference to the Statutory 
Authority for the action; the time and place of the public hearing 
and a statement of how public comments may be submitted to 
the agency either at the hearing or otherwise; the text of the 
proposed rule or amendment; and the proposed effective date 

The Director of the Office of Administrative Hearings has 
authority to publish a summary, rather than the full text, of any 
amendment which is considered to be too lengthy In such case, 
the full text of the rule containing the proposed amendment will 
be available for public inspection at the Rules Division of the 
Office of Administrative Hearings and at the office of the 
promulgating agency. 

Following publication of the proposal in the North Carolina 
Register, at least 60 days must elapse before the agency may take 
action on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency must file 
any adopted or amended rule with the Office of Administrative 
Hearings. If it differs substantially from the proposed form 
published as part of the public notice, the adopted version will 
again be published in the North Carolina Register. 

A rule, or amended rule, cannot become effective earlier than 
the first day of the second calendar month after the adoption is 
filed. 

Proposed action on rules may be withdrawn by the pro- 
mulgating agency at any time before final action is taken by the 
agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, some 
agencies may issue temporary rules. A temporary rule becomes 
effective when adopted and remains in effect for the period 
specified in the rule or 120 days, whichever is less. An agency 
adopting a temporary rule must begin normal rule-making 
procedures on the permanent rule at the same time the temporary 
rule is adopted. 



NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is a 
compilation and index of the administrative rules of 2S state 
agencies and 38 occupational licensing boards. The NCAC 
comprises approximately 15.000 letter size, single spaced pages 
of material of which approximately 35% is changed annually. 
Compilation and publication of the NCAC is mandated by G S 
l50B-63(b). 

The Code is divided into Titles and Chapters Each state agency 
IS assigned a separate title which is further broken down by 
chapters. Title 2 1 is dcsigna;sd lor (Kcupational licensing boards. 

The NCAC is available in two formats. 

( 1) In looseleaf pages at a minimum cost of two dollars and 
50 cents (S2 50) for 10 pages or less, plus fifteen cents 
($0 15) per each additional page. 

(2) On microfiche The microfiche edition is revised semi- 
annually (March and October) and can be purchased for 
fony dollars ($40 00) per edition. Due to the volume 
of the Code, the complete copy can only be purchased on 
microfiche. The NCAC on microfiche is updated 
monthly by publication of a "List of Rules Affected" 
which ^ets out rules filed the previous month, the action 
taken, and the effective date of the change This list is 
published in the North Carolina Register 

Requests for looseleaf pages of rules »>r the NCAC on 
microfiche should be directed to the Office of Administrative 
Hearings. 



NOTE 

The foregoing is a generalized statement of the procedures to 
be followed For specific statutory language, it is suggested that 
Anicles 2 and 5 of Chapter I50B of the General Statutes by 
examined carefully. 



CITATION TO THE NORTH CAROLINA REGISTER 

The North Carolina Register is cited by volume, issue, page 
number and date 1:1 NCR 101-201, April 1, 1986 refers to 
Volume I . Issue 1 , pages 101 through 201 of the North Carolina 
Register issued on April 1. 1986. 



North Carolina Register Published monthly by the 
Office of Administrative Hearings, P. O. Drawer 11666, 
Raleigh. Nonh Carolina 27604, pursuant to Chapter I50B 
of the General Statutes Subscriptions ninety-five dollars 
($95.00) per year. 

North Carolina Administrative Code. Published in 
March and October by the Office of Administrative 
Hearings, P. O. Drawer 11666, Raleigh, Nonh Carolina 
27604, pursuant to Chapter I50B of the General Statutes. 
Subscriptions forty dollars ($40.00) per edition. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 



L EXECUrn E ORDERS 

Executive Orders 50 



199 




Ojjlce of Administrative Hearings 
P. O. Drawer 11666 
Raleigh, \C 27604 
(919) 733- 2678 



Staff: 

Robert A. Mclott, 

Director 
James R. Scarcella, 

Deputy Director 
Molly Mason, 

Assistant Director 
Ruby Creech. 

Publications Coordinator 
Mar)' Towler, 

Editorial Assistant 
Teresa Johnson, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 
Tammy Poole, 

Records Clerk 



IE FINAE DECESION EEEIERS 

Voting Rights Act . . . 



in. PROPOSED RUEES 

Administration 
AuxiUap,' Ser\ices 

Agriculture 
Food and Drug 
Protection Division 
Markets .... 

N.C. State Fair 
Standards Division 
Structural I'est 
Control Division 
Vetcrinar\' Division 

CPA .' 

Community Colleges 

Human Resources 
Facility Services 
Health Ser\'ices 
.Medical Assistance 
Mental Health 

Justice 
Private Protective 
Services . , . 

NR&CD 

Coastal Management 
Environmental 
.Management . . 
Marine I-ishcries 
Wildlife Resources 



IV. EINAE REEES 

Correction 
Di\ision of Prisons 



\. LIST OF REEES AFFECTED 

Volume 12, No. 4 

(July 1, 1987) 

M. CEMEEAin E INDE.V . . . 



200 



203 



204 
206 
205 
206 

205 
209 
269 

270 



237 
248 
247 



249 
259 

249 

255 



275 



277 



283 



NORTH CAROLINA REGISTER 

Publication Deadlines and Schedules 

(April I9S7 - March NSS J 



Issue Last Day Last Day Earliest 

Date for for Date for 

Filing Electronic Public 

Filine Hearina 



Earliest * 

Date for Earliest 

Adoption Effecti\'e 

bv Aizencv Date 



+++++*+* 



++*+++*+ 



+++*++*+ 



****+*+* 



*+*+*+++ 



++++++*+ 



04 15 87 


0326 87 


04 02 87 


05/15 87 


06 14 87 


09 01 87 


05 15 87 


04 '27, 87 


05,04/87 


06/14 87 


07/ 14 87 


10 01 87 


06/15,87 


05 26 87 


06 02. 87 


07/15 87 


08 1487 


11 01 87 


07 15 87 


06 25 87 


07 02 87 


08 1487 


09 13 87 


12 01 87 


OS 14 87 


07 27 87 


08 03 87 


09 13 87 


10 13 87 


01 01 88 


09 15 87 


08 26 87 


09 02 87 


10 15 87 


11 14 87 


02 1 88 


10/15 87 


09 25 87 


10 02 87 


11 14.87 


12 14 87 


03 01 88 


11/16 87 


10 27 87 


1103 87 


12/16/87 


01 15 88 


04 01,88 


12. 15 '87 


11/23 87 


12 02 87 


01 14 8S 


02 13.88 


0501 88 


01-15 88 


12 28 87 


01 04 88 


02 14,88 


03 15 88 


06,01,88 


02 15 88 


0126 88 


02 02 88 


03.16,88 


04 15 88 


07 01,88 


03 15 88 


02 24 88 


03 02. 88 


04, 1488 


05.14 88 


08 01,88 



* 1 he "Earliest Effecti\e Date" is computed assuming that the agency files the 
rules with The Administrati%c Rules Re\-ic\v Commission the same calendar 
month as adoption by the agenc\' and ARRC approves the rules at the next cal- 
endar month meetine. 



EXECU11VE 
ORDER 

KXECUTIVE ORDER NUMISKR SO 

AMENOMENT TO EXECUTIVE OROER 
NUMFJER 43 

"NORTH CAROLINA EMERGENCY 
RESPONSE COMMISSION" 



The North Carolina Emergency 
Response Commission was estab- 
lished by Ivxecutive Order Number 
43 pursuant to the Emergency Plan- 
ning Community Right to Know Act 
of 1986 enacted by the United States 
Congress and was amended under 
F.xecutive Order Number 48. 

It has been made to appear that the 
(Commissioner of the North Carolina 
Department of Agriculture or his 
designee should be a member of this 
commission. 

IIIEREI'ORE, by authority vested 
in me as Governor by the laws and 



the Constitution of North Carolina 
and the laws of the United States, 11 
IS ORDERED: 

Section 1. AMENDMENT 
That portion of Section 1 of Execu- 
tive Order 43 that describes the per- 
sons that are to compose the 
commission is amended after the 
words "the Commissioner of the De- 
partment of I abor or his designee;" 
by inserting the following language: 

the Commissioner of the Depart- 
ment of Agriculture of his designee. 

Section 'L Continuation of Previ- 
ous Executive Orders 

All sections and provisions of Exec- 
utive Orders Number 43 and 48 not 
inconsistent herewith shall remain in 
effect. 

Done in Raleigh, North Carolina, 
this 17th day of June, 1987. 



NORTH CAROLINA REGISTER 



199 



VO 1 ING RIGHTS ACT FESAL DECISION LETIERS 

fCi.S. I20-30.9U. effective July 16, I9S6, requires thai all letters and other docu- 
ments issued bv the Attorney General of the United States in which a final decision 
is made concerning a "change affecting voting" under Section 5 of the Voting Rights 
Act of 1965 be published in the North Carolina Register. J 

U.S. Department of Justice 
Washington, D.C. 20530 

WBR:MAP:HBK:emh 
DJ 166-012-3 
R9262 

May 29, 1987 

David A. Holec, Esq. 

City Attorney 

P. O. Box 1388 

Lumberton, North Carolina 28359-1388 

De;ir Mr. Holec: 

I'his refers to the March 16, 1987, annexation to the City of Lumberton in 
Robeson County, North Carolina, submitted to the Attorney General pursuant 
to Section 5 of the Voting Rights Act of 1965, as amended 42 U.S.C. 1973c. Wc 
received your submission on March 30, 1987. 

The Attorney Cjeneral does not interpose any objection to the change in 
question. However, we feel a responsibiUty to point out that Section 5 of the 
Voting Rights Act expressly provides that the failure of the Attorney General to 
object does not bar any subsequent judicial action to enjoin the enforcement of 
such chanije. See Section 51.41 of the Procedures for the Administration of Sec- 
tion 5 |52 Fed. Reg. 496 ( 1987)|. 

Future submissions under Section 5 should be addressed to the Chief, Voting 
Section, Civil Rights Division, Department of Justice, Washington, D.C. 20530. 
The envelope and first page should be marked: Submission under Section 5 of 
the Voting Rights Act. See also Section 51.24 |52 Fed. Reg. 493 (1987)]. 

Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Riglits Division 

By: 

Gerald W. Jones 
Chief, Voting Section 



200 .\ORTH CAROLI.XA REGISTER 



U.S. Department of Justice 
Washington, D.C. 20530 



WBR:SSC:AJD:dvs 
DJ 166-012-3 
S0543-0552 
S0906 
S2658-2659 



June 22, 1987 



Michael Crovvell, Esq. 
Tharrington, Smith & Hargrove 
P. O. Box 1151 
Raleigh, North Carolina 27602 

Dear Mr. Crovvell: 

This refers to Chapter 991 (1967) which increases the compensation for 
school board members; Chapter 972 (1967), as amended by Chapter 1301 (1969), 
which provides for the direct election of a five-member board on an at-large, 
nonpartisan basis for staggered, four-year terms with a plurality vote requirement; 
the increase in the length of terms from two to four years, the implementation 
schedule, the elimination of the residency requirement, the change in the starting 
date for terms of office from the first Monday in April to the first Monday in June, 
and the procedures for filling vacancies; Chapter 759 (1971) which increases the 
number of board members from five to seven; and Chapter 338 (1975) which in- 
creases the compensation for board of education members in Northampton 
County, North Carolina, submitted to the Attorney General pursuant to Section 
5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received 
your initial submission on April 22, 1987; supplemental information was received 
on May 6 and June 11, 1987. 

The Attorney General does not interpose any objections to the changes in 
question. However, we feel a responsibility to point out that Section 5 of the 
Voting Rights Act expressly provides that the failure of the Attorney General to 
object does not bar any subsequent judicial action to enjoin the enforcement of 
such changes. In addition, as authorized by Section 5, the Attorney General re- 
serves the right to reexamine this submission if additional information that would 
otherwise require an objection comes to his attention during the remainder of the 
sixty-day review period. See Sections 51.41 and 51.43 of the Procedures for the 
Administration of Section 5 [52 Fed. Reg. 493 (1987)]. 

Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 
Ci\'il Rights Division 



By: 



Gerald W. Jones 
Chief, Voting Section 



cc: Edwin M. Speas, Esq. 

Special Deputy Attorney General 



AOR TH CA R OLINA REGIS TER 201 



U.S. Department of Justice 
Washington, D.C. 20530 



WBR:MAP:KIF:gmh 
DJ 166-012-3 
S0692-0697 
S0700-0702 



June 26, 1987 



Michael CrowcU, Esq. 

1 harrington, Smith & Hargrove 

P. O. Bo,\ 1151 

Raleigh, North Carolma 27602 

Dear Mr. Crowcll: 

This refers to Chapter 175 (1965) which increased the size of the school board 
from three to five members and provided for staggered, four-year terms; and 
Chapter 972 (1967), as amended by Chapter 1301 (1969), which provided for di- 
rect elections on an at-large, nonpartisan basis with a plurality vote requirement, 
the implementation schedule, the starting date for terms of office, and the method 
of filling vacancies for the board of education in Hertford County, North Carohna, 
submitted to the Attorney General pursuant to Section 5 of the Voting Rights 
Act of 1965, as amended, 42 U.S.C. 1973c. We received your initial submission 
on April 27, 1987; supplemental information was received on .May 6 and June 1 1, 
1987. 

The Attorney General does not interpose any objections to the changes in 
question. However, we feel a responsibility to point out that Section 5 of the 
Voting Rights Act expressly provides that the failure of the Attorney General to 
object does not bar any subsequent judicial action to enjoin the enforcement of 
such changes. In addition, as authorized by Section 5, the Attorney General re- 
serves the right to reexamine this submission if additional information that would 
otherwise require an objection comes to his attention durmg the remainder of the 
sixty-day review period. See Sections 51.41 and 51.43 of the Procedures for the 
Administration of Section 5 |52 Fed. Reg, 496 (1987)]. 

Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 

By: 

Gerald W. Jones 
Chief, Voting Section 

cc: Edwin .M. Speas, Jr., Esq. 

Special Deputy Attorney General 



202 .\ORTH CAROLINA REGISTER 



PROPOSED RULES 



TITLE 1 - DEPARTMENT OF 
ADMIMSIRATION 

Notice is hereby gi\'en in accordance 
with G.S. 1 508- 1 2 that the Depart- 
ment of Administration intends to 
adopt and repeal regulations cited as 
I NCAC 4 A .060/ through .0603; 
.0701 through .0705; .080/ through 
.0806; and .090/. 

The proposed effective date of t/iis 
action is December J, /987. 

The pub/ic hearing will be conducted 
at 10:00 a.m. on August /4, /987 at 
Policy and Planning Conference 
Room, Administration Building, Fifth 
Floor. / 16 W. Jones Street, Raleigh, 
North Carolina 27603-8003. 

Comment Procedures: Any interested 
person may present his or her views 
and comments either in writing prior 
to or at the hearing or orally at the 
/rearing. Any person may request in- 
formation, permission to be heard or 
copies of the proposed regulations by 
writing or calling Fran Tomlin, De- 
partment of Administration, / /6 W. 
Jones Street, Raleigh, North Carolina 
27603-8003, (9/9) 733-7232. 

CHAPTER 4 - AUXILIARY SERVICES 

SUBCHAPTER 4A - STATE-OWNED 
PARKING LOTS 

SECTION .0600 - MISCELLANEOUS 
PROVISIONS 

.0601 REPORTING VIOLATIONS 

(REPEAI EO) 
.0602 ENFORCEMENT OF RULES 

(REPEALED) 
.0603 VISITOR PARKING (REPEALED) 

Statutory Authority G. S. /43-340 
(IS) (/9). 

SECTION .0700 - DEFINITIONS 
.0701 STATE PARKING COORDINATOR 

The person in state government 
who is charged with the responsibility 
for ensuring the application of the 
following rules and regulations. 

Statutory Authority G. S. / 43-340 
(18) (/9). 

.0702 DEPARTMENT PARKING 
COORDINATOR 



The person in each department 
who is charged with the rcsponsibihty 
for ensuring the application of the 
following rules and regulations. 



Statutory A ulhority 
(18) (/9). 



G. S. /43-340 



.0703 SERVICE PERSONNEL 

Any person who is an employee of 
the State of North Carolina and 
whose duties include repair, mainte- 
nance or installation of equipment 
necessary for the continued operation 
of state buildings or offices or any 
person who has a contractual ar- 
rangement with the state for the 
same. Such person remains on the 
premise only untU such time as the 
requested services are completed. 



Statutory Authority G. 
(18) (/9). 



S. /43-340 



.0704 IIONOREES 

Any person who is to be specially 
recognized by the Governor of North 
Carolina with a mark, token, plaque 
or gesture of respect or distinction 
and requests the use of the state- 
owned parking lot immediately be- 
fore, during and after the ceremony 
at which they are to be distinguished. 

Statutory Authoritv G. S. / 43-340 
(18) (19). 

.0705 VOLUNTEERS 

An individual(s) who performs 
services for the State of North 
Carolina without remuneration and 
of his or her free will. 

Statutory Authority G. S. / 43- 340 

(18) (/9). 

SECTION .0800 - STATE-OWNED 

VISITOR PARKING LOTS 

ADMITTANCE PROCEDURES 

.0801 LOCATION AND HOURS OF 
OPERATION 

State-owned visitor parking lots are 
located in the downtown area at 400 
Salisbury Street and on the comer of 
Wilmington and Fdenton Streets, 
Raleigh, North Carolina. The hours 
of operation arc from 8:00 a.m. - 5:00 
p.m. Monday through I-riday. 



Statutory Authoritv G. 
(18) (/9). 



S. /43-340 



NORTH CAROLINA REGISTER 



203 



PROPOSED RULES 



.0802 REASONABLK PEE CHARGE 

Visitors seeking entrance to the 
Visitor Parking locations will be 
charged a reasonable fee. Persons 
exempt from payment of an entrance 
fee include but are not limited to 
volunteers with current identification 
cards, docents, pages, service person- 
nel, appointees and honorecs of the 
Go\emor. 



Statutory Authority G. 
(IS) (19). 



S. 143-340 



.0803 RESERVATION OF PARKING 
SPACES BY THE PUBLIC 

Advance reservation of parking 
spaces by visitors are prohibited. 
Exception is extended to pre-school 
kindergarten children, honorees and 
appointees of the Governor of the 
state. /Vrrangements are to be made 
through the State Parking Coordina- 
tor prior to arrival. 



Statutory Authority G. 
(IS) (19). 



S. 143-340 



.0804 OEEICIAL PARKING SPACES 

A specific number of parking 
spaces located in Vistor Parking are 
reserved for official use only. The 
Governor of the State of North 
Carolina or the Governor's designee 
has discretion in prescribing proper 
procedure for use of the reserved 
spaces by approved individuals. 



Statutory A uthority 
(IS) (19). 



G. S. 143-340 



.0805 INFORMATION VERIFICATION 

Certain situations require that 
additional information be placed on 
tickets issued to visitors seeking en- 
trance into parking lots. The State 
Parking Coordinator reserves the 
right to inquire into the accuracy of 
information obtained for the purpose 
of monitoring the proper usage of the 
p;u-king faciUties. 



Statutory Authority 
(IS) (19). 



G. S. 143-340 



.0806 AUTHORIZED VEHICLES 

State-owned visitor parking lots are 
for the admittance of passenger mo- 
tor vehicles, pick-up trucks, vans, 
service vehicles and the like. Buses 



will be refused entrance to the facili- 
ties. 



Statutory A uthority 
(IS) (19). 



G. S. 143-340 



SECTION .0900 - PARKING 
VIOLATIONS 

.0901 ENFORCEMENT OF RULES 

(a) The State Parking Coordinator 
shall notify the state government se- 
curity of parking violations occurring 
in Visitor Parking locations. 

(b) Enforcement of these rules 
shall be the responsibility of state 
government security. 



Statutory A uthority 
(IS) (19). 



G. S. 143-340 



TITLE 2 DEPARTMENT OF 
AGRICULTURE 

Notice is hereby given in accordance 
with G.S. 150D-I2 that the N.C. 
Board of Agriculture intends to 
amend regulation cited as 2 NCAC 
9G .0101: 20B .0401. 

The proposed effecti\'e date of this 
action is December 1 , 1987. 

The public hearing will be conducted 
at 10:00 a.m. on September 16, 1987 
at Board Room, Agriculture Bldg., 1 
W. Edenton St., Raleigh. NC. 

Comment Procedures: Interested 
persons may present statements either 
orally or in writing at the public hear- 
ing or in writing prior to the hearing 
by mail addressed to David S. 
McLeod, Secretary of the North 
Carolina Board of Agriculture, P.O. 
Box 27647. Raleigh, NC 27611. 

CHAPTER 9 - FOOD AND DRUG 
PROTECTION DIVISION 

SUBCHAPTER 9G - MILK AND MILK 
PRODUCTS 

SECTION .0100 - PASTEURIZED MILK 
ORDINANCE 

.0101 ADOPTION BY REFERENCE 

The following are adopted by refer- 
ence: 

(1) "Milk for Manufacturing 

Purposes and Its Production and 
Processing, Recommended 

Requirements," 37 Fed. Reg. 



204 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



7046 (1972) as amended in 50 
Fed, Reg. 34726 (1985). A 
farmstead shaU be exempt from 
all mandators' milk testing except 
the mastitic milk test and the ap- 
pearance and odor test. For the 
purposes of this Section, 
"farmstead" means a milk or milk 
product production facility that 
uses only milk from its own ani- 
mals in its product production 
and has no other source of milk. 



Statutory Authority G.S. 
106-267; 106-267.2. 



106-139: 



CHAPTER 20 - THE NORTH CAROLINA 
STATE FAIR 

SUBCHAPTER 20B - REGULATIONS OF 
THE STATE FAIR 

SECTION .0400 - OPERATION OF 
STATE FAIR FACILITIES 

.0401 AVAILABILITY 

Use of buLldings and grounds shall 
be subject to the approval of the 
Manager of the State Fair on the ba- 
sis of the following; 

(2) not in conflict with activities 
arranged and conducted as a part 
of the program for year-round use 
of the State Fair grounds; aad 

(3) use by a reputable organization, 
group, firm or individual accept- 
ing by execution of a written 
contract the rules and regulations 
and rental schedules herein pre- 
scribed; 

(4) manager may limit the booking 
of similar events when . deemed by 
him to be in the best interest of 
State Fair; and 

(5) at the option of the manager, 
an event may have first refusal on 
the same corresponding date in a 
subsequent year. 

Statutory Authority G.S. 106-503. 

Notice is hereby given in accordance 
with G.S. I SOB- 1 2 that the Structural 
Pest Control Committee intends to 
amend regulation cited as 2 NCAC 
34 .0313. 

The proposed effecti\'e date of this 
action is January 1 , 19S8. 

The public hearing will be conducted 
at 1:00 p.m. on September II, 1987 



at Auditorium I & 11, Agricultural 
Extension Service, 700 N. Tryon 
Street, Charlotte, NC. 

Comment Procedures: Interested 
persons may present statements either 
orally or in writing at the public hear- 
ing or in writing prior to the hearing 
by mail addressed to David S. 
McLeod, Chairman of the Structural 
Pest Control Committee, P.O. Box 
27647, Raleigh, North Carolina 
27611. 



CHAPTER 34 - STRtCTL'RAL PEST 
CONTROL DIVISION 

SECTION .0300 - LICENSING AND 
CERTIFICATION 

.0313 INFORMATION ON OPERATOR'S 
IDENTIFICATION CARDS 

(c) A licensee applying for the is- 
suance or renewal of an operator's 
identification card for his employee 
shall certify to the division that the 
employee has completed employee 
training approved by the committee 
in structural pest control work. 



(d) In the event the committee ap- 
proves employee training materials 
produced by the division, such mate- 
rials shall be purchased by all struc- 
tural pest control licensees at a cost 



determined by the committee. 



Statutory Authority G.S. 106-65.29. 

Notice is hereby given in accordance 
with G.S. I 56b- 1 2 that the N.C. 
Board of Agriculture intends to adopt, 
amend and repeal regulations cited as 
2 NCAC 38 .0604; .0701; 43H .0001: 
.0003; .0004; 43L .0301; .0302; 
.0303; .0304; .0305: 52B .0204; 
.0206; .0207; .0302; 52E .0209. 

The proposed effective date of this 
action is December 1 , 1987. 

The public hearing will be conducted 
at 10:00 a.m. on September 16, 1987 
at Board Room, Agriculture Bldg., 1 
W. Edenton St., Raleigh, NC. 

Comment Procedures: Interested 
persons may present statements either 
orally or in writing at the public hear- 
ing or in writing prior to the hearing 
by mail addressed to David S. 
McLeod. Secretary of the North 



NORTH CAROLINA REGISTER 



205 



PROPOSED RULES 



Carolina Board of Agriculture, P.O. 
Box 27647, Raleigh, NC 27611. 

CIIAPILR M - STANDARDS DIVISION 

SKCTION .0600 - SAI I OF PETROLEUM 
I'RODLCTS 

.0604 PRICK. POSTING/CASH 

DISCOUNTS I OR RETAIL 
MOTOR I LEI, SALES 

(c) At tht)se locations where the 
same dispenser is used tor cash and 
credit card sales, the following shall 
apply: 

(1) If the dispenser is B»t 
capahle of computing both cash 
afwi credit {-ales , the »t^ of cash 
discount of set at the cash price 
, the credit surcharge rate (either 
per gallon, percentage, or per 
gallon credit price) shall be 
clearly and conspicuously dis- 
played; 

(2) If the dispenser is set 

at the credit price, the cash dis- 
count rate (either per gallon, 
percentage, or per g allon cash 
price) shall be clearly and con- 
spicuously displa\ed; 
(4^ >\ny cash d iscount calculation 
shall be based upon the t . (Hal s^ ot- 
the actual quantity purchased . 
Note : foif subparagraph (^ (-I4 ©f 
this p. u l c, Pu b lic L aw 9'7-25 
requires tb;U. the dispenser 

price . 

Statutorv Aiuhoriiy G.S. SIA-2; 
S/A-23.' 

SECTION .0700 - STANDARDS FOR 
STORAGE: HANDLING AND 
INSTALLATION OF LP GAS 

.0701 ADOPTION BY REFERENCE 

The following are adopted by refer- 
ence as standards for storage, handl- 
ing and instaUation of liquefied 
petroleum gas; 
(1) National Fire Protection 

Association. Pamphlet No. 58, 
iU^ ^086 edition, "Storage and 
Handling of Liquefied Petroleum 
Gases," with the following addi- 
tions and exceptions; 
(a) When two or more containers 
are manifolded to a single ser- 
vice, each container shall be 
considered independent of the 
other and all rules and re"u- 



lations relating to a single con- 
tainer shall apply; 

(b) All cut-off valves and regulating 
equipment exposed to rain, sleet, 
or snow shall be protected 
against such elements either by 
design or by a hood; 

(c) "Fum Foundation" as used in 
Chapter 3 of Pamphlet 58 means 
that the foundation material has 
a level top surface, rests on solid 
ground, is constructed of a 
masonry material or wood 
treated to prevent decay by 
moisture rot and will not settle, 
careen or detenorate; 

(d) No person shall use liquefied 
petroleum gas as a source of 
pressure in hcu of compressed 
air in spray guns or other pres- 
sure operated equipment; and 

(e) Piping, tubing or regulators 
shall be considered wcU sup- 
ported when they are rigidly fas- 
tened in their intended position. 

(2) National Fire Protection 

Association, Pamplilet No. 54, 
IQSO ^984 edition, "National Fuel 
Gas Code," with the addition that 
underground service piping shall 
rise above ground immediately 
before entering a building. 
Copies of this Rule Pamplilet No. 
54 and Pamphlet No. 58 are av;iilable 
for inspection rn the Office of the 
Director of the Standards Division 
and may be obtained at^ a cost as de- 
termined by contacting the pubhsher 
at the following address ; by contact- 
ing National Fire Protection Associ- 
ation, Inc., Batter>march Park, 
Quincy, Massachusetts 02269. 



Statutory A uthorily 
1 SOB- 14. 



G.S. 119-55; 



CHAPTER 43 - MARKETS 

SUBCHAPTER 4311 - .MARKETING OF 
SHELL EGGS 

.0001 DEFINITIONS 

(1) "Inedible Fggs" means black 
rots, yellow' rots, white rots, 
mixed rots, (addled eggs), sour 
eggs, eggs with green whites, eggs 
with stuck \olks, moldy eggs, 
musty eggs, eggs showing blood 
rings, eggs containing embr>'o 
clucks (at or beyond the blood 
ring stage) and any eggs that are 
adulterated as such term is defmed 



206 



\ORTH CAROLINA REGISTER 



PROPOSED RULES 



pursuant to the Federal Food, 
Drug and Cosmetic Act. 
(2) "Leaker" means eggs that have 
a crack or break in the shell and 
sheU membranes to the extent 
that the euu contents are exudiim 



or tVee to exude tlirouah the shel 



(3^ (32 "Loss F^ggs" means eg^s tiiat 
are inedible, smashed , of broken 
itO- \h^ contents arc leaking, 
cooked, frozen, contaminated or 
containing bloody wiiites, blood 
spots, meat spots, or other foreign 
matcral , material. 

Statutory Authority G.S. 106-245.16; 
106-245.21. 

.0003 STA.MJARDS FOR SMELL EGGS 

(a) The L'nited States Standards, 
Grades, and Weitiht Classes for Shell 
Eggs, -Citb Z, P^ 56 (AM A XQAk^ 
60 Suu Xm:k ^ L . S . C . XiOl et, i^ts^ 
7 C.F.R. Sections 56.200 to 56.218 
inclusive , effective October 4-, I'^Sl , 
(1987), shall apply to all shell eggs 
sold, offered for sale, or advertised for 
sale in the state except the term "un- 
graded eggs" may be used to desig- 
nate eggs purchased from eligible 
persons. 

(b) Cracked or checked eggs may 
be sold by producers or processors to 
a consumer for his or her personal 
use (except as an "institutional 
consumer"). Said sales shall be made 
only at the premises of production 
or processing. 

(d) It shall be unlawful for cracked 
or checked eggs to be displayed, sold, 
or offered for sale in a retail outlet | (■ 
except as permitted bv 2 NCAC 43H 
.0001(3) and 2 NCAC 43II .0003(a)j. 

Statutory Authoritv G.S. 106-245.16; 
106-245.21. 

.0004 SAMTA HON A.NU MATERL\LS 

(a) The sanitation requirements of 
G.S. 106-245.22 shall be deemed to 
be met when facilities conform to the 
requirements of Title i, fart 56 
(A MA 19 4 6 , 6U Sut, 1087 ; 3 L: , S , C , 
L624- nU ^j^t^ 7 C.F.R. Section 
56.76 effective October 20, 1973 , ott- 
t it led Grading of SheU F'ggs and 
L'nited Stales Standards , Grades , and 
Weight ('lasses fw Shell F'ugs , 
(1987). Approved washing com- 
pounds and sanitizers shall be used 



for egg washing except as provided in 
General Statutes G.S. 106-245.22. 

Statutorv Authoritv G.S. 106-245.16; 
106-245.21; 106-245.22. 

SUBCHAPTER 43L - MARKETS 

SECTION .0300 - FEES: WESTERN 
NORTH CAROLINA HORSE AND LIVE- 
STOCK FACILITY FEE SCHEDULE 

.0301 HORSE FACILITY (Repealed) 
.0302 LIVES LOCK FACILITY 
(Repealed) 

Statutory Authority G.S. 106-22; 
106-530. 

.0.303 CLASSIFICATION OF FIVENT 

For the purposes of applying equi- 
table rental rates based on the pur- 
poses for which the facilities are used, 
an event shall be classified in one of 
the foUowing categories by Western 
North Carolina Agricultural Center 
Manager: 

(1) Agricultural. Any event in 
which the central theme of the 
e\ent relates to agriculture in 
North Carolina or any event 
given by an agriculture-related 
organization or group. 

(2) Non-Agricultural. Any event 
that does not fall within the clas- 
sification of agricultural event. 

Statutory Authority G.S. 106-22; 
106-530. 

.0304 HORSE FACILITY 

(a) Fees for non-agricultural events 
are as follows: 

(1) Fees for use of the show arena 
are five hundred dollars 
($500.00) per show day or ten 
percent of the gate, whichever is 
greater, pro\ided that for the 
show arena to be opened before 
6:00 a.m. or after midnight re- 
quires an additional fee of fifty 
dollars ($50.00) per hour or part 
thereof for a maximum of two 
hundred dollars ($200.00). 

(2) Fees for use of the covered 
practice ring shall be two hun- 
dred dollars' ($200.00) per day; 
pro\ided that it is used in con- 
junction with the show arena. 
The covered practice ring may 
be rented separatelv for three 
hundred dolkirs ($300.00) per 



i\ORTH CAROLI.\A REGISTER 



207 



PROPOSED RULES 



show day if a show is held within 
120 days of the booking date. 
(3) The open practice nng shall 
be rented at the ground rental 
rate as set forth in .0305(d). 
(b) Fees for agncultural e\ents arc 
as follows: 

(1) I'ees for use of the show arena 
arc four hundred dollars 
($400.00) per show day or ten 
percent of the gate, whichever is 
greater; pro\ided that for the 
show arena to be opened before 
6:00 a.m. or after midnight re- 
quires an additional fee of fifty 
dollars ($50.00) per hour or part 
thereof for a ma.ximum of two 
hundred doUars ($200.00). 
Rental of the show arena shall 
include the co\ered practice ring 
and the open practice ring. 

(2) The covered practice ring may 
be rented separately for one 
hundred and fifty doUars 
($150.00) per show day if a show 
is held within 120 days of the 
booking date. Rental of the 
covered practice ring shall in- 
clude the open practice ring. 

(3) The covered practice ring may 
be rented separately for one 
hundred and fifty dollars 
($150.00) per show day il~ the 
show is held more than 120 days 
from the booking date; provided 
that a minimum of one thou- 
sand dollars ($1,000) revenue is 
guaranteed to the Agricultural 
Center. Rental of the covered 
practice ring shaU include the 
open practice ring. 

(4) Fees for stalls are set according 
to the following schedule: 

Days Fees 

(A) 1,2 $16.00: 

(B) 3 $24.00; 

(C) 4 $28.00; and 

(D) $2.00 per additional 
day thereafter. 

(5) Agricultural youth 
organizations may receive a 50 
percent discount for stall rentals 
and a 25 percent discount on 
show arena rental when partic- 
ipation is restricted to youth. 
Fducational clinics and seminars 
may receive a 50 percent dis- 
count on show arena rates when 
left in clean condition. The Ag- 
ricultural (renter .\lanacer will 



decide what qualifies as educa- 
tional clinics and seminars. 

(6) A fee of fifty dollars ($50.00) 
per day is required for use of the 
facility's jumps. 

(7) A fee often dollars ($10.00) 
per hour is required for use of 
the facility's motorized grounds 
equipment. 

(8) Fees for use of the facility's 
office equipment, if available, is 
charged on an expense incurred 
basis. 

(9) Fees for security and other 
support services at any event is 
charged on a cost plus ten per- 
cent basis. The need for security 
is to be detennined by facility 
management in consultation 
with show manaeement. 

(10) A fee of eight doUars ($8.00) 
per night is required for any 
camper parking overnight on fa- 
cility grounds. Any horse trailer 
connected to a power outlet at 
the facility will be charged the 
same fee as a camper. 

(11) Miscellaneous horse facility 
equipment is a\ailablc according 
to the following fee schedule: 

(A) metal livestock panels - two 
dollars ($2.00) each per show; 

(B) small livestock panels - one 
dollar ($1.00) per panel or if 
instaUed, four doUars ($4.00) 
per pen; 

(C) center ring set-up - 
thirty-five doUars ($35.00); 

(D) removal of end gates - fifty 
doUars ($50.00); 

(F) farm wagon for staging - 
twenty-five doUars ($25.00) 
each; 

(F) chairs - thirty cents ($0.30) 
each per day; 

(G) tables - one dollar and fifty 
cents ($1.50) each per day; 
and 

(11) paper table coverings - 
thirty-five cents ($0.35) each. 

(12) A fee of twenty-fi\c dollars 
($25.00) per concessionaire is 
required. 

(13) A lessee must ha\e prior 
appro\al of the Agricultural 
Center Manager before catering 
services will be allowed on the 
grounds. A fifty doUar ($50.00) 
fee is charged for catering scr- 
\iccs that serve no more than 



208 



.\ORrH CAROLI.\A REGISTER 



PROPOSED RULES 



200 plates. For each plate 
served in excess of 200 plates, a 
fee of thirty-five cents ($0.35) per 
plate shall be charged. 
(14) The Agricultural Center 

Manager shall have the right to 
set a fair rental rate for any fees 
not mentioned. 



percent of gate receipts, whichever is 
greater. 

(g) Food catering fees shall be pro- 
vided at the rate set forth in 
.0304(b)(13) of this Section. 

Statutory Authority G.S. 106-22; 
106-530. 



Statutory Authority G.S. 106-22; 
106-530. 

.0305 LIVESTOCK FACILITY 

(a) Fees for rental of the Uvestock 
facility are set according to the fol- 
lowing schedule: 

(1) Non-agricultural groups shall 
be charged two hundred dollars 
($200.00) per day for use of the 
sales arena only or three hundred 
dollars ($300.00) per day for the 
sales arena and bam; 

(2) Agricultural youth groups shall 
be charged fifty dollars ($50.00) 
per day for use of the sales arena 
onJv or one hundred dollars 
($100.00) per day for the sales 
arena and bam; 

(3) Agricultural groups shall be 
chareed one hundred dollars 
($100.00) per day for use of the 
sales arena only or two hundred 
doUars ($200.00) per day for the 
sales arena and bam; 

(4) Use of the facility's kitchen 

is set at thirty dollars ($30.00) 
per day for agricultural groups; 

(5) Use of the facility's kitchen 

is set at thirty dollars ($30.00) 
per day or 30.5 percent of gross 
receipts after taxes, whichever is 
the greater, for non-agricultural 
groups. 

(b) Fees for the use of folding 
chairs, tables, livestock panels and 
paper table coverings shall be based 
on the fee schedule set forth in 
.0304(b)(ll)oftlus Section. 

(c) A fifty doUar ($50.0(1) charge for 
removing bedding or straw from the 
bam is required. 

(d) Fees for use of the "^'outh 
Building are set at twenty-fi\e dollars 
($25.00)^ per day. 

(e) Ground rental shaU be at the 
rate of five cents ($0.05) per square 
yard or one hundred dollars ($100.00) 
per day whichever is greater. 

(f) Ticketed event charges shall be 
at the daily rate of the facility or ten 



CHAPTER 52 - VETERINARY DIVISION 

SUBCHAPTER 52B - ANIVIAL DISEASE 

SECTION .0200 - ADMISSION OF 
LIVESTOCK TO NORTH CAROLINA 

.0204 IMPORTATION REQUIREMENTS: 
BRUCELLOSIS 

(b) In addition to the requirements 
of (a) of this Rule, cattle imported 
from brucellosis-free and class-A 
states shall comply with the follow- 
ing: 

(2) All test eligible cattle sbaU 
Cattle from Free states which 
originate from the farm of origin 
and move directly to an ap- 
proved stock-yard or farm in 
North CaroUna in compliance 
with this part are not required to 
be tested within 45 to 120 days 
after cntr\'. I lowever, the State 
Vetcrinanan strongly recom- 



mends a rctcst and retests may 

be performed by a representative 

of the State Veterinarian at no 

expense to the owner. Fligible 

cattle which have been 

commingled in a stockyard prior 

to importation must in addition 

to the requirements of this part 

pass a ncgati\c retest within 45 

to 120 days after arrival in this 

State. 

(d) In addition to the requirements 

of (a) of this Rule, cattle imported 

from a class C state shall comply with 

the following: 

(3) All test eligible cattle shall 

he quarantined upon arrival and 
shall pass a negative retest within 
45 to 120 days after arrival and 
all female cattle which are im- 
ported from a "C" state shall re- 
main under quarantine until 
tested negati\'e 20 to 45 days 
post calving or slaughtered. 

(4) Feeder heifers must also be 
spayed and "spayed branded" or 
be "I-" branded. Feeder heifers 
are subject to item (3) of this 
Paragraph. 



NORTH CAROLLWA REGISTER 



209 



PROPOSED RULES 



Statutory Authority G.S. 106-22: 
106-307.5: 106-396. 

.0206 importation rfql- irements: 
kqlinf: 

(a) Horses, pomes, mules, asses, 
zebras, and all other equine species 
may be imported into the state when 
accompanied by an official health 
certificate giving an accurate de- 
scription of them and certifying that 
as detemiined by a physical exam- 
ination they are free from any e\i- 
dencc of an infectious or 
transmissible disease and have not 
been exposed recently to any ifi- 
fcctions infectious or transmissible 
disease, and attesting that they ha\"c 
any animal over nine months of age 
has passed a negative official test for 
equine infectious anemia within si* 
12 months prior to entr>". presided 
that staUions imported into North 
Carolina from an\ country where 
contagious equine metritis (CEM) is 
recognized by the L .S. Department 
of Agriculture to exist must also 
comply with requirements of Para- 
graph (e) of tliis Rule. Hor>cj , 
ponies , mules an4 asses uhich origi - 
»ate in a. state bordering Me\ico 
must in addition ta U^ foregoing fc- 
quirements b»,^ accompanied tu- suit - 
able e\ idencc @4~ waccination against 
\'ene,;ucl.m equine encephalomyelitis 
within tba p*4 -l-S- months unless thi* 
rcc|uirement i* waited hx- the- Stale 
\'eterinarian of X+irth Carolina . The 
HIA test form shall list one horse 
only. 

(b) No health certificate will be re- 
quired for horses, ponies, mules and 
asses which are consigned to a race 
track or entering the state temporarily 
for the purpose of e.vhibition, pro- 
vided such animals are accompamed 
by certificates verifying a negative test 
for equine infectious anemia aad 
\ accination against \"ene.<uelan 
equine encephalomvelitis a^. required 
under Paragraph (*+ »t tit+* Rule . 
within 12 months prior to entn,'. 

StatutoiT .Authority G.S. 106-307.5: 
106-405.1''. 

.0207 IMPORT.VTION RFQtlRFMENTS: 
SWINK 

(b) Breeding swine shall originate 
from a ' \'alidated Brucellosis - Free" 



herd Of- a "Wahdatcd Brucellosis - 
I-'rcc" State ao4 p*«i a negative ©fli- 
GJal blood t(S44. k^ pseudorabies 
\v it l un 30 da\ s pji^f |/_> e nt r\ in to the 
state i^f- originate from a "Qlualified 
Pseudorabies - 1 Tec" herd as. defined 
m 440© a, I>art* 2^4. awi S5 ©f th© 
Code &f federal Regulations , A 
permit issued by: tia Siate 
Veterinarian »f North Carolina i* fe- 
quired f©F all breeding swine entering 
the. state , iiw- permit number must 
be shown on the interstate health 
certificate accompanying each ship - 
ment . All swine imported into the 
state, except for immediate slaughter, 
shall be accompanied by a statement 
from a state, federal or accredited 
vetcnnarian that the suine were 
tested and found negathe for 
pseudorabies withm 30 days prior to 
importation or the swine originated 
from either a quahfied feeder pig herd 
or a quaUlied pseudorabies negati\e 
herd and that no pseudorabies \ac- 
cine has been used in the herd of or- 
igm. For qualified feeder pig herd 
pseudorabies testing purposes, the 
following guidehnes apph": 

( 1) In herds of ten or fewer 
animals, all anmials must test 
negative within 12 months prior 
to importation. 

(2) In herds ^ jj. t^. 1^ animals, 
ten raiidoml\' selected animals 
must test negative within 12 
months prior to importation. 

(3) In herds o\er 36 animals, 
either 30 or 30 percent of the 
total herd. whiche\'cr is less, 
randomI\' selected animus must 
test negati\e within 12 months 
prior to importation. 

(4) All animals in a herd shall be 
subject to random selection. 

.Any animal shipped or mo\'ed 
within the state in siolation of this 
regulation shall be subject to 
quarantine. 

Statutoiy .-tuthoritv G.S. 106-317. 



SECTION .0300 - I$RL CELI O.SIS 
REGULATIONS 

.0302 BRUCELLOSIS REQUIREMENTS 
I OR S.ALE OF C.VTTLE .VND 
SWINE 

(a) .All cattle ofTcred for public sale 
must be tested and. test negative for 
brucellosis within 30 da\"s preceding 



210 



.\ORTH C.4ROLl.\.4 REGISTER 



PROPOSED RULES 



the date of sale except those cattle 
listed as follows: 

(2) native heifers and bulls less 
than eight 18 months of age; 

Statutory Authority G.S. 106-389; 
106-396. 

SUBCIIAPTEK 52E - MARKETING OF 
LIVESTOCK 

SECTION .0200 - I'UIU IC LIVESTOCK 
M A U K 11 R EG L LA II O NS 

.0209 CERTMTCATES: CATTLE 

AND SWINE REMOVED FOR 
NON-SLALGHTER 

(a) No cattle except those for im- 
mediate slaughter shall be removed 
from a public livestock market unless 
they are accompanied by a certificate 
issued by an approved veterinarian 
or an employee of the veterinary di- 
vision of the North Carolina Depart- 
ment of Agriculture or Animal and 
Plant Health Inspection Ser\ice, 
Veterinary' Services, United States 
Department of Agriculture. The 
certificate shall show that such ani- 
mals arc apparently healthy and 
come directly from a certified 
brucellosis-free herd or that eligible 
cattle hstcd have passed an approved 
test for brucellosis within 30 days 
prior to sale. (Steers, .spayed heifers, 
and cahcs native cattle under eight 
18 months of age are exempt from 
this requirement. ), \ Every animal 
shall be identified by an approved 
numbered ear tag or tattoo or by 
other means approved by the State 
Veterinarian. No brucellosis test will 
be required on official brucellosis 
vaccinates less than 20 months of age 
of the dairy breeds and less than 24 
months of age of the beef breeds, 
provided that all parturient or post 
parturient cattle regardless of age 
shall be tested for brucellosis. Offi- 
cial calfhood vaccinates must be 
identified by ear tag, tattoo and/or 
official vaccination certificate. At the 
discretion of the Commissioner of 
Agriculture, the required test age for 
cattle may be raised to two years. 

Statutory Authority G.S. 106-416. 

TITLE 10 - DrPARTMF.NT OF 
HLMAN RESOURCES 



Notice is hereby gi\'en in accordance 
with G.S. 150B-I2 that the Division 
of Facility Services intends to adopt 
regulations cited as JO NCAC 3G. 
3301- .3342. 

The proposed effective date of this 
action is November / , I9S7. 

The public hearing will be conducted 
at 7:00 p.m. on August 19, 1987 - 
Owen Conference Center, 

UNC-Asheville, I Unnersity Heights, 
Aslm'ille, NC; August 20, 1987 -^ New 
Guilford County Courthouse, Court- 
room 2- A, Greensboro, NC; August 
20, 1987 - Mecklenburg County Dept 
of Environmental Health, 1200 Blythe 
Blvd.. Charlotte. NC; Augu.st 21 , 1987 

- New Hanover County, Judicial Bldg. 
Courtrootn No. 317, 4th and Princess 
St., Wilmington, NC; August 21, 1987 

- NC Division of Facility Services, 
Hearing Room 201 , 701 Barbour Dr., 
Raleigh, NC. 

Comment Procedures: Comments 
should be addressed to: Dayne //. 
Brown, Chief, Radiation Protection 
Section. 701 Barbour Drive. Raleigh, 
NC 27603-2008. (919) 733-4283. 
Record open from July 15 through 
August 15, 1987. 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3G - RADIATION 
PROTECTION 

SECTION .3300 - LAND DISPOSAL OF 
RADIOACTIVE WASTE 

.3301 PtRPOSE AND SCOPE 

(a) This Section establishes the 
procedures, criteria, and terms and 
conditions upon which the agency 
issues licenses authorizing land dis- 
posal of low-level radioactive waste 
received from other persons for dis- 
posal. Disposal of low-level radio- 
active waste by an individual specific 
licensee is subject to the provisions 
of Rule .2516 of tliis Subchapter. 

(b) Ihe Rules in tliis Section do 
not apply to the disposal of: 

(1) low-level radioactive waste 
which is higher than class C 
waste as defined in Rule .2525 
of this Subchapter; 

(2) byproduct material as 
dcfmed in Section lie. (2) of the 
Atomic Energy Act of 1954, as 



NORTH CAROLINA REGISTER 



211 



PROPOSED RILES 



amended, in quantities greater 
than 10,000 kilograms and con- 
taining more than fi\'e miliicuries 
of radium-226; or 
(3) licensed radioacti\e material 
pursuant to pro\isions of Rule 
.2516 of this Subchapter, 
(c) This Section is designed to fulfill 
two objccti\cs: (1) to meet the re- 
quirement of compatibility with the 
U.S. Nuclear Regulator\- commission 
regulations, and (2) to provide gen- 
eral guidance for the design, opera- 
tion, closure and institutional control 
of a low-level radioactive waste dis- 
posal facility that has features to en- 
hance its performance and provide 
additional confidence in its integrity. 
As descnbed in 10 CI-R Fart" 6'l, 
Section 61.7 Concepts, land disposal 
is intended to further four safety ob- 
jectives: (1) protection of the public 
from releases of radioactivity, (2) 
protection of an inadvertent intruder, 
(3) protection of workers at the fa- 
cility, and (4) assurance of long-term 
stability after closure. There is every 
indication in research reports and en- 
viromncntal impact statements that 
land disposal with attention to site 
selection, waste classification, waste 
form, segregation and stability wiU 
limit radiation doses to those within 
the cited pertbrmance objectives of 
10 CFR Part 61. Supplementary 
engineered barriers are included in the 
regulations for North Carolina, how- 
ever, to fulfill a further objecti\'e, viz., 
(5) protection against the possibility 
of unforeseen differences between ex- 
pected and actual behavior of the 
disposal s\stem. Ihe fi\e goals are 
to be sought through the design, 
construction, and operation of a sys- 
tem that involves a carefully-chosen 
combination of features that are de- 
scribed in e>dsting regulations plus 
additional requirements for engi- 
neered barriers. The total system will 
make use of selected processes and 
structures, such as compaction, 
solidification, packaging in high- 
integrity containers, placement of 
wastes, use of concrete for walls or 
fill, special trench covers, drainage 
systems, or other devices. The facil- 
ity design objectives are to minimize 
contact of water with wastes, facili- 
tate detection of water and contam- 



mation, retard release of radioactive 
materials, suppress the migration of 
wastes in the geologic medium, and 
accommodate timely recovery of 
wastes if necessary. Account is to be 
taken of radiation dose limits for fa- 
cility workers and the public, and ef- 
forts arc to be made to reduce costs 
without sacrificing safety. The con- 
cept of "reasonable assurance" is 
used througliout this Section. Rea- 
sonable assurance is to be understood 
as placing primary emphasis on pro- 
tection of public health and the envi- 
ronment. The cost of achieving 
reasonable assurance will be only a 
secondary consideration. 

(d) persons licensed pursuant to the 
provisions of this Section are also 
subject to the Rules in Sections 
.2200. .2400, .2500, .3100 and .3200 
of this Subchapter, except as pro- 
vided otherwise in this Section. 

Statuton- Authority G.S. 104E-2; 
104E-3: I04E-7; I04E-I0; I04E-10.1; 
I04E-I0.2. 

.3302 DEFIMTIO.NS 

As used in this Section, the follow- 
ing defmitions shall apply. 

(1) "Active maintenance" means 
any significant remedial activity 
needed during the period of insti- 
tutional control to maintain a 
reasonable assurance that the 
performance objectives in Rules 
.3323 and .3324 of this Section are 
met. Such active maintenance 
includes ongoing activities such 
as the pumping and treatment of 
water from a disposal unit or 
one-time measures such as re- 
placement of a disposal unit 
cover. Active maintenance does 
not include custodial activities 
such as repair of fencing, repair 
or replacement of monitoring 
equipment, re\egetation, minor 
additions to soil cover, minor re- 
pair of disposal unit covers, and 
general disposal site upkeep such 
as mowing grass. 

(2) "Buffer zone" is a portion of 
the disposal site that is controlled 
by the licensee and that lies under 
the disposal units and between 
the disposal units and the bound- 
ary of the site. 

(3) "Chelating agent" means 



212 



.\ORTH CAROLISA REGISTER 



PROPOSED RULES 



amine polycarboxylic acids (e.g., 
EDTA, DIPA), hydroxy- 
carboxylic acids, and 

polycarboxylic acids (e.g., citric 
acid, carbolic acid, and gluconic 
acid). 

(4) "Commencement of 
construction" means clearing of 
land, excavation, or other sub- 
stantial action that would ad- 
versely affect the environment of 
a land disposal facility. The term 
does not mean disposal site ex- 
ploration, necessary roads for dis- 
posal site exploration, borings to 
determine foundation conditions, 
or other prcconstruction moni- 
toring or testing to estabUsh 
background information related 
to the suitability of the disposal 
site or the protection of environ- 
mental values. 

(5) "Custodial agency" means a 
government agency designated to 
act on behalf of the government 
owner of the disposal site. 

(6) "Disposal" means the 
isolation of waste from the 
biospheres inhabited by man and 
his food chains by emplacement 
in a land disposal facility. 

(7) "Disposal site" means that 
portion of a land disposal facility 
which is used for disposal of 
waste. It consists of disposal 
units and a buffer zone. 

(8) "Disposal system" means the 
components relied on to ensure 
that the land disposal facility 
meets the performance objectives 
and other requirements of this 
Section. These components in- 
clude the site and its character- 
istics, the facility and disposal unit 
design, and engineered barriers 
therein, the waste, facility oper- 
ations and closure, intruder barri- 
ers and institutional control. 

(9) "Disposal unit" means a 
discrete portion of the disposal 
site into which waste is placed for 
disposal. For near-surface dis- 
posal, the disposal unit is usually 
a trench. 

(10) "Engineered barrier" means 
a man-made structure or device 
that is designed to improve the 
land disposal facility's ability to 
meet the performance objectives 
in tliis Section. 



(11) "Explosive material" means 
any chemical compound, mixture, 
or device, which produces a sub- 
stantial instantaneous release of 
gas and heat spontaneously or by 
contact with sparks or flame. 

(12) "Government agency" means 
any executive department, com- 
mission, independent establish- 
ment, or corporation, wholly or 
partly owned by the United States 
of America or the State of North 
Carolina and wliich is an 
instrumentality of the United 
States or the State of North 
Carolina; or any board, bureau, 
department, division, service, of- 
fice, officer, authority, adminis- 
tration, or other establishment in 
the executive branch of the gov- 
ernment. 

(13) "Hazardous waste" means 
those wastes designated as haz- 
ardous by U.S. Environmental 
Protection Agency regulations in 
40 CFR Part 261. 

(14) "Hydro geologic unit" means 
any soil or rock unit or zone 
which by virtue of its porosity or 
permeabihty, or lack thereof, has 
a distinct influence on the storage 
or movement of groundwater. 

(15) "Inadvertent intruder" means 
a person who might occupy the 
disposal site after closure and en- 
gage in normal activities, such as 
agriculture, dwelling construction, 
or other pursuits in wliich the 
person might be unknowingly ex- 
posed to radiation from the waste. 

(16) "Intruder barrier" means 

a sufficient depth of cover over 
the waste that inhibits contact 
with waste and helps to ensure 
that radiation exposures to an in- 
advertent intruder will meet the 
performance objectives set forth 
in this Section, or engineered 
stuctures that provide equivalent 
protection to the inadvertent in- 
truder. 

(17) "Institutional control" means 
control of the site after the site is 
closed and stabilized and respon- 
sibility for all disposed waste and 
site maintenance is assumed by 
the custodial agency. 

(18) "Eand disposal facility" 



NORTH CAROLINA REGISTER 



213 



PROPOSED RULES 



means the land, buildings, and 
equipment which arc intended to 
be used for the disposal of wastes. 

(19) "Low-lc\el radioactise 
waste", for purpose of this defi- 
nition, except as noted in Sub- 
paragraph (19) (c) of this Rule. 
has the same meaning as in the 
Low- Level Radioactive Waste 
['olicv /Vmcndmcnts Act, P.L. 
99-240, that is 

(a) radioacti\e material not 
classiilcd as iiigh-level radioac- 
tive waste, spent nuclear fuel, or 
byproduct material as dcfmed in 
Section lle.(2j of the Atomic 
h"nerg\' Act of 1954, as amended 
(uranium or thonum tailings and 
waste); 

(b) classified as low-level 
radioactive waste, consistent 
with e>dsting law and in accord- 
ance with Sec.2.(9)(A) of P.L. 
99-240, by the U.S. Nuclear 
Regulator)' Commission; and 

(c) naturally occurring and 
accelerator produced radioacti\'e 
material which is not subject to 
regulation b_\' the L.S. Nuclear 
Regulators' Commission under 
the Atomic Energy Act of 1954, 
as amended. 

(20) "Mixed waste" means waste 
that satisfies the defmition of 
low-level radioactive waste Sub- 
paragraph (19) of this Rule and 
contains hazardous waste that ei- 
ther 

(a) is listed as a hazardous waste 
in Subpart D of 40 CFR Part 
261 or 

(b) causes the low-level 
radioactive waste to exhibit any 
of the hazardous waste charac- 
teristics identified in Subpart C 
of 40 CFR Part 261. 

(21) "Monitoring" means 
obser\Lng and making measure- 
ments to pro\'ide data to e\aluate 
the performance and character- 
istics of the disposal site. 

(22) "Near-surface disposal 
facility" means a land disposal fa- 
cility in which waste is disposed 
of within approximately the up- 
per 30 meters of the earth's sur- 
face. 

(23) "Reconnaissance le\el 
information" is an\' information 
or analvsis that can be retrie\ed 



or generated without the per- 
formance of new comprehensive 
site-specific investigations. Re- 
connaissance level information 
includes but is not limited to 
drilling records required by state 
agencies, such as the Department 
of Natural Resources and Com- 
munity Development, and other 
relevant published scientific liter- 
ature. 

(24) "RetricNal" means a remedial 
action for remo\aI of Class B and 
C waste from a disposal unit. 

(25) "Shallow land burial" means 
belov/ ground interment of low- 
level radioactive waste at depths 
topically up to 16 meters and in a 
manner which rehes 
predominately upon 
hydrogeological characteristics of 
the burial site, along with proper- 
ties of soil and natural trench hn- 
ers or caps, for limiting future 
infiltration of water and migration 
or release of radioactive material. 

(26) "Site closure and 
stabilization" means those actions 
that are taken upon completion 
of operations that prepare the 
disposal site for custodial care and 
that assure that the disposal site 
will remain stable and wUl not 
need ongoing active maintenance. 

(27) "State" means the State of 
North Carolina. 

(28) "Sur\'eillance" means 
monitoring and obsen,'ation of 
the disposal site for purposes of 
visual detection of need for main- 
tenance, custodial care, evidence 
of intrusion, and compliance with 
other license and regulator}." re- 
quirements. 

(29) "Waste" means low-level 
radioactive waste that is accepta- 
ble for disposal in a land disposal 
facility. For the purpose of this 
Subchapter, the words "waste" 
and "low-le\cl radioactive waste" 
ha\e the same meaning. 

Slatutoty Authority G.S. /04E-7; 
I04E-I0. 

.3303 LICENSE REQUIRED 

(a) No person may receive, possess, 
and dispose of waste from other per- 
sons at a land disposal facility unless 
authorized bv a hcensc issued bv the 



214 



SORTH CAROUSA REGISTER 



PROPOSED RULES 



agency pursuant to the Rules in this 
Section and the Rules in Section 
.2400 of this Subchapter, 
(b) Each person shall file an appli- 
cation with the agency pursuant to 
Rule .2417 of this Subchapter and 
obtain a license as provided in this 
Section before commencement of 
construction of a land disposal facil- 
ity. Failure to comply with this re- 
quirement may be grounds for denial 
of a License. 



Statutory Authority G.S. 
I04E-I0(b). 



I04E-7; 



.3304 CO.NTRNT OF APPl ICATION 

An application for a license to re- 
ceive waste from other persons and 
possess and dispose of wastes con- 
taining or contaminated with radio- 
active material by land disposal shall 
consist of general information, spe- 
cific technical information, environ- 
mental information, technical and 
environmental analyses, institutional 
information, and financial informa- 
tion as set forth in Rules .3305 
through .3310 of this Section. 



Statutory A uthority 
I04E-I0(b). 



G.S. I04E-7: 



J305 GEMiRAL INFORMATION 

(a) The general information shall 
include each of the following: 
(1) identity of the applicant 
including: 

(A) the full name, address 
telephone number, and de- 
scription of the business or 
occupation of the applicant; 

(B) if the applicant is a 
partnership, the name and ad- 
dress of each partner and the 
principal location where the 
partnerslup does business; 

(C) if the applicant is a 
corporation or an 
unincorporated association, 

(i) the state where it is 
incorporated or organized 
and the principal location 
where it does business, and 
(ii) the names and 

addresses of its directors and 
principal officers; 

(D) if the applicant is acting 

as an agent or representative 
of another person in filing the 
application, all information 



required under this paragraph 
shall be supplied with respect 
to the other person; and 
(E) if the apphcant proposes 
to contract the operation of 
the disposal facdity to another 
person, the full name, address, 
and telephone number of the 
management contractor, the 
fuU name and address of each 
apphcable principal, partner, 
or director of the contractor, 
the state where it is organized, 
and the principal location 
where it does business; 
(2) qualifications of the 
applicant: 

(A) the applicable 
organizational structure of the 
apphcant, both off site and on 
site, including a description of 
lines of authority and assign- 
ments of responsibilities, 
whether in the form of ad- 
ministrative directives, con- 
tract provisions, or otherwise; 

(B) the technical qualifications, 
including training, experience, 
and professional licensure, 
registration or certification of 
the apphcant and. members of 
the apphcant s staff to engage 
in the proposed activities, to 
include the minimum training, 
experience, and professional 
Ucensure, registration or cer- 
tification requirements for 
personnel fdling key positions 
described in Subparagraph (2) 
(a) of this Rule; 

(C) a description of the 
applicant's personnel training 
program; 

(D) the plan to maintain an 
adequate complement of 
trained personnel on site to 
carry out waste receipt, han- 
dling, and disposal operations 
in a safe maimer; 

(E) prior experience in the 
generation, processing, use, 
transportation or disposal of 
radioactive material or in the 
treatment, storage, transporta- 
tion or disposal of hazardous 
waste including copies of all 
notices of violations; assess- 
ments of any administrative, 
civil, criminal or other penal- 
ties in connection therewith; 



AORTH CAROLL\A REGISTER 



215 



PROPOSED RULES 



and all infonnation as to any 
find or determination that the 
applicant engaged in any of 
the above mentioned activities 
without having in effect any 
license or permit required for 
such activity; 

(F) disclosure of any prior 
determination of civil or crim- 
inal Liability with respect to 
any other federal or state law 
or regulation, including but 
not limited to any law or reg- 
ulation governing the transfer 
of securities, which may reflect 
on the applicant's character, 
reputation or ability to com- 
ply with all requirements im- 
posed on a licensee; and 

(G) upon request by the 
agency, a copy of any appli- 
cation which the apphcant 
may previously have submit- 
ted for any license or permit 
required for any activity listed 
in Subparagraph (a)(2)(E) of 
tliis Rule; information as to 
the disposition of such apph- 
cation including a copy of the 
license or permit, information 
as to any restriction, suspen- 
sion, revocation or cancella- 
tion of any such hcense or 
permit; and any other infor- 
mation which may be re- 
quested by the agency as to 
the applicant's experience and 
operating practices with re- 
spect to the activities hsted in 
Subparagraph (a)(2)(E) of this 
Rule; 

(3) a description of 

(A) the location of the 
proposed disposal site; 

(B) the general character 
of the proposed acti\ities; 

(C) the types and quantities 

of waste to be received, pos- 
sessed, and disposed of; 

(D) plans for use of land 
disposal facility for purposes 
other than disposal of wastes 
during operation, after closure 
or both; 

(E) the proposed facilities 
and equipment; 

(F) the proposed manifest 
and recording system; 

(G) the treatment of any waste 
to be shipped off site; 



(H) anticipated operating 

life of the facility; and 
(I) the prelicensing and 

operational public informa- 
tion program which addresses 
(i) state and local 
government; 
(ii) media and public; 
(ui) acceptability within the 
community where the facil- 
ity is to be located or steps 
which should be taken, if 
community acceptance is 
not forthcoming; and 
(iv) the program being 
implemented to ensure 
concerns of the public are 
being met; and 
(4) proposed time schedules for 
construction, receipt of waste, 
and first emplacement of 
waste at the proposed land 
disposal facility, 
(b) The following are additional 
requirements applicable to the infor- 
mation required in Subparagraphs 
(a)(2)(E) through (G) of this Rule: 

(1) /Ml information will be 
provided by the applicant with 
respect to the applicant itself, 
any predecessor or parent entity, 
any officer, director, partner or 
other principal of the applicant; 
any stockholder or other entity 
holding five percent or more of 
the stock of or other interest in, 
the applicant; and any subsidiary 
or other entity in which the ap- 
plicant has an interest. 

(2) All information will be 

be provided for a period of not 
less than 20 years or as may be 
determined by the agency with 
respect to a particular applicant 
or class of information. 

(3) With the approval of the 
agency, the applicant may sub- 
mit any of the information, ex- 
cept as to the disposal of 
low-level radioactive waste, in 
summar>' form; provided that 
any summary' must fairly and 
accurately reflect the applicant's 
expencnce and operating prac- 
tices and must indicate the na- 
ture and extent of all violations 
of law and applicable regu- 
lations. 

(4) the agency may request that 



216 



XORTH CAROLINA REGISTER 



PROPOSED RULES 



the applicant provide any sup- 
plemental information needed to 
effect the purpose of Subpara- 
graph (a)(2)(l-:) though (G) of 
this Rule. All such supplemen- 
tary information provided by or 
on behalf of the applicant will 
become a part of the application. 

Staluioty Authority G.S. I04E-7; 
l04E-l6(b): I04E-I0.I. 

J306 SPECIFIC TECll.MCAL 
INKORM.VTION 

(a) The specific technical informa- 
tion shall include the following infor- 
mation needed for demonstration 
that the performance objectives and 
the applicable technical requirements 
of this Section will be met: 

(1) a description of the 
principal design criteria and their 
relationship to the preformance 
objectives, along with identifica- 
tion of operating facilities of the 
same or similar design; 

(2) a description of the 

design basis natural events or 
phenomena and their relation- 
sliip to the principal design cri- 
teria; 

(3) a description of codes 

and standards wliich the appli- 
cant has apphed to the design 
and which will apply to con- 
struction of the land disposal fa- 
cility; 

(4) a description of the design 
features of the land disposal fa- 
cility, the disposal units and en- 
gineered barriers, to include 
those design features related to 

(A) infiltration of water; 

(B) Icachate collection 
and removal; 

(C) integrity of covers for 
disposal units, structural sta- 
bility of backfill, engineered 
barriers, and wastes; 

(D) contact of wastes with 
standing water and 
groundwater; 

(E) disposal site drainage; 

(F) disposal site closure 
and stabilization; 

(G) minimization of long-term 
disposal site maintenance, 
inadvertenty intrustion, occu- 
pational exposures, and dis- 
posal site monitoring; 

(H) adequacy of the SLice of 



the buffer zone for monitoring 
and potential mitigative meas- 
ures; and 
(I) retrieval; 

(5) a description of the 
construction and operation of 
the land disposal facility, to in- 
clude, as a minimum: 

(A) the methods of 
construction of disposal units 
and engineered barriers; 

(B) waste emplacement; 

(C) the procedures for and 
areas of waste segregation; 

(D) accurate drawings and 
descriptions of on-site 
buildings Including, but not 
limited to, construction, foun- 
dation details, ventilation, 
plumbing and fire suppression 
systems, and proximity to 
creeks or culverts; 

(E) types of intruder barriers; 

(F) on-site traiTic and drainage 
systems; 

(G) physical security system; 
(H) sur\'ey control program; 
(I) methods and areas of 

waste storage; 

(J) facilities for and methods 
of processing waste mcluding 
improperly packaged ship- 
ments; 

(K) methods to control 

surface water and groundwater 
access to the wastes; 

(L) the description shall also 
include the methods to be 
employed in the handling and 
disposal of wastes containing 
chelating agents or other 
nonradiological substances 
that might affect the meeting 
of the peribrmance objectives 
of this Section: and 

(M) a flow diagram of waste 
processing and disposal oper- 
ations, a description and ac- 
curate drawings of processing 
equipment, and any special 
handling techniques to be 
employed; 

(6) a description of the types, 
chemical and physical forms, 
quantities, classification, and 
specifications of the radioactive 
material proposed to be received, 
possessed, processed, and dis- 
posed of at the land disposal fa- 
cLlitN', which shall include: 



j\ORTH CAROLI.\A REGISTER 



217 



PROPOSED RILES 



(Aj estimated volume and 
activity of each waste class to 
be received annually at the fa- 
cility, and 

(B) method for control of the 
rate at which waste is received; 

(7) a description of the quality 
control program, including au- 
dits and managerial controls, for 
the determination of natural dis- 
posal site characteristics and for 
quality control during the de- 
sign, construction, operation, 
and closure of the land disposal 
facility and during the receipt, 
handhng. and emplacement of 
waste; 

(8) a description of the 
radiation safety program for 
control and monitoring of ra- 
dioactive effluents to ensure 
compliance with the perform- 
ance objective in Rule .3323 of 
this Section and occupational 
radiation exposure to ensure 
compliance with the require- 
ments of Section .2500 of this 
Subchapter and to control con- 
tamination of personnel, vehi- 
cles, equipment, buHdings, and 
the disposal site; which de- 
scription shall address 

(A) both routine operations 
and accidents; and 

(B) procedures, 
instrumentation, facilities, and 
equipment; 

(9) an emergency response 
plan which addresses: 

(A) on-site response; 

(B) public alert and 
notification systems; 

(C) local, county, state 
and regional agencies; 

(D) training and public 
information; and 

(E) if available, copies 

of most current emergency re- 
sponse plans submitted to the 
U.S. Nuclear Regulator}' 
Commission or an agreement 
state; 

(10) an operating and emergency 
procedures manual; 

(11) a description of the 
administrati\e procedures that 
the applicant will apply to con- 
trol activities at the land disposal 
facility including hours of pro- 
posed operation; 



(12) a description of the 
radiation protection program in- 
cluding provisions for keeping 
radiation doses to workers and 
to members of the public as low 
as reasonably achicsable 
(ALARA) and within apphcable 
limits specified in this Subchap- 
ter. 

(13) a description of the 
natural disposal site character- 
istics as determined by disposal 
site selection and characteriza- 
tion acti\ities where the de- 
scription must include geiologic, 
geotechnical, hydrologic, 
meteorologic, climatologic, air 
quality, natural radiation back- 
ground and biotic features of the 
disposal site and vicinity; where 
the site characterization shall in- 
clude sufficient and suitable data 
for design and performance 
analysis; and where the mini- 
mum requirements include, but 
are not limited to, the following: 

(A) geologic description to 
include 

(i) regional geologic 
framework including 

stratigraphy, tectonics, 

structure, physiography, 
seismology and 

geomorpholog)'; 
(ii) site specific 
stratigraphy, lithology, 

structural geology, 

geochemistrv', topography, 
and an analysis of 
landforms including any ev- 
idence of destructive 
geomorphic processes; 
(iii) a regional geologic 

map at a scale of 1:62,500; 
(iv) a site specific 
toposiraphic map at a scale 
of 1:1,200; and 
(v) a site specific 
geologic map at a scale of 
1:1,200 with accompanying 
cross-sections; 

(B) geotechnical 
description to include 

(i; soil and saprohte 
characteristics related to 
slope stability, cover integ- 
rity, erosion, compaction 
characteristics for backfdl 
materials, foundation ana- 
lyses, gradations for pro- 



218 



.\ORTH CAROLI.XA REGISTER 



PROPOSED RULES 



posed filter material, and 
possible interactions be- 
tween the soils and waste 
containers; and 
(ii) bedrock characteristics 
related to foundation ana- 
lyses and hydrology; 

(C) hydrologic description 
to include 

(i) surface water 
hydrology including the up- 
stream drainage area con- 
tributing flow across the site 
and the downstream drain- 
age area to a distance of 
approximately ten miles; 
(ii) an inventory of 
existing surface water users 
and pubUc water supphes 
within approximately ten 
miles downstream of the 
site; 
(iii) an inventory of potential 
surface water 

impoundments that will be 
precluded by siting of a dis- 
posal facility; 
(iv) an inventory and 
description of all significant 
hydrologic units underlying 
the site to a depth of 100 
feet below the level of waste 
disposal; 
(v) site specific 
data sufficient to describe 
the characteristics, present 
water quality, occurrence 
and movement of water in 
both the unsaturated and 
saturated zones; 
(vi) an inventory of 
existing groundwater users 
within approximately two 
miles of the site, both from 
groundwater wells and a 
points of groundwater dis- 
charge, e.g. springs; 
(vLi) identification of the 
nearest downgradient 

groundwater users and the 
nearest municipal supply 
relying on groundwater; and 
(viii) an inventory of 

potential groundwater sup- 
plies that will be precluded 
by siting of a disposal facil- 
ity; 

(D) meteorologic 
description to include 

(i) determination of a 



water budget for the dis- 
posal site; 
(ii) typical weather 

patterns and 
(iii) determination of the 
frequency, probabihty, and 
potential consequences of 
severe meteorological phe- 
nomena; 

(E) climatologic description 
to include 

(i) normal seasonal 
fluctuations and extremes 
predicated from historical 
records; 

(ii) air temperatures and 

soil temperatures; 
(iii) frost penetration; and 

(iv) solar radiation; 

(F) air quality 
description to include 

(i) measurement of 
suspended particulates; and 

(ii) the level of airborne 
radionuclides contributed 
by atmospheric fallout, na- 
tural radiation released from 
the soil, and agricultural ac- 
tivities; 

(G) natural radiation 
background description to in- 
clude 

(i) sampling of air, soil 
(both on and off site), water 
(both on and off site), flora, 
fauna, and farm products 
(including grains and milk); 
and 
(ii) both total background 
and contribution from indi- 
vidual radionuchdes; and 
(H) biotic description 
to include 

(i) an accurate, site- 
specific inventory of flora 
and fauna in and within 
three miles of the site; 
(ii) inventory and 
distribution of li\estock and 
crops within three miles of 
the site; 

(14) an identification of 

the known natural resources at 
the disposal site, whose exploi- 
tation could result in inadvertent 
intrusion into the wastes after 
removal of active institutional 
control; 

(15) a description of 



NORTH CAROLINA REGISTER 



219 



PROPOSED RULES 



baseline, operational, and long 
tcrm-cnvironmentaJ monitoiing 
programs to include; 

(A) inspection and 
monitoring of waste packages 
prior to disposal; 

(B) criteria and procedures 

to stop acceptance of waste at 
the facility, including action 
levels; and 

(C) il' available, a 

copy of the last environmental 
monitoring reports fded with 
the L. S. Nuclear Regulator,' 
Commission or agreement 
state program or other au- 
thorities; and 

(16) decontamination, 
decommissioning and site clo- 
sure plans, including: 

(A) those design features 
which arc intended to facilitate 
disposal site closure and to 
eliminate the need for ongoing 
active maintenance; 

(B) schedule; 

(C) procedure, including 
documentation that procedure 
is effective; and 

(D) radioactive waste 
disposal plan; and 

(17) a description of an 

action plan which would be im- 
plemented in the event of un- 
foreseen differences between 
expected and actual behavior of 
the disposal system and which 
includes: 
(A) a description of 

conditions which require re- 
medial action, such as: 
(i) erosion and other 
damage to the stabihty of 
the site; 

(ii) failure of physical 
security features, equipment 
or procedures; 
(iii) deterioration of trench 
or disposal unit cov'crs; 
(iv) deterioration of 
leachate collection system; 
(v) clogging or siltation 
of monitoring and obscr\'a- 
tion wells; 

(vi) the presence of 
leachate in individual dis- 
posal units; 
(vii) the migration of 
disposed radioactive mate- 
rial; 



(viii) fires, spills or other 
events which result in con- 
tamination; 
(ix) changes in site 
characteristics or other 
events which cause or 
threaten to cause failure of 
the facility to meet the per- 
formance objectives in tliis 
Section; 

(x) specific action levels, 
events or other conditions 
for which the Licensee will 
institute specific remedial 
actions; and 

(xi) presence of radioactive 
concentrations in 

groundwater above preop- 
erationally determined 

background; 
(B) provisions for early 

identification of conditions re- 
quiring remedial action, such 
as: 

(i) detection of water 
in any disposal unit; 
(ii) detection of radioactive 
contamination in ground 
water with sufficient sampl- 
ing locations and frequen- 
cies to permit identification 
of the disposal unit(s) caus- 
ing the contamination; 
(iii) estabhshment of 
specific sampling locations, 
samphng frequencies and 
sample types as part of the 
licensee's environmental 
monitoring program; 
(iv) methods and 
frequencies for detection of 
water or leachate in disposal 
units or trenches; 
(v) any methods and 
associated frequencies for 
inspecting, testing, main- 
taining or otherwise assess- 
ing the condition and 
performance of disposal 
units, trenches and covers; 
(vi) method and frequency 
for monitoring condition 
and physical stability of the 
site; 
(vii) any special monitoring, 
inspection or testing which 
the licensee will institute in 
response to specific natural 
on man-made occurrences 
wliich may affect the ability 



220 



SORTH CAROLI.XA REGISTER 



PROPOSED RULES 



of the facility to meet the 
performance objective of 
this Section; and 
(viii) any periodic or ongoing 
evaluation of site character- 
istics or changes in site 
characeristics which relate 
to the ability of the facility 
to meet the performance 
objectives of this Section; 

(C) a description of the 
corrective measures that will 
be taken to correct the condi- 
tion and otherwise assure 
compliance with the perform- 
ance objectives and technical 
requirements of this Section, 
such as: 

(i) continued vigilance; 

(ii) water and leachate 
detention; 
(iii) pumping or repair of 
the disposal unit; 

(iv) procedures for timely 
repair or waste retrieval af- 
ter problem detection; 
(v) redesign of disposal 
units; 

(vi) repair or redesign of 
engineered barriers; 
(vii) revision of site 
operating procedures, site 
personnel training, waste 
segregation practices, and 
monitoring and testing pro- 
grams; 
(viii) revision of disposal 
methodologv' and 

(ix) revision of site waste 
acceptability criteria; and 

(D) identification of 

facility features which facilitate 
remedial actions, such as: 
(i) design of disposal 
units and engineered barri- 
ers which allows access for 
remedial action; and 
(ii) other features 

necessary to implement the 
action plan, 
(b) Prior to implementation of de- 
tailed site investigations, the appli- 
cant (or siting agency) shall develop 
a site characterisation plan and sub- 
mit it for approval by the agency to 
ensure that: 

(1) all a\'ailablc data 

on the site is obtained; 

(2) unnecessary laboratory 



and field investigations are not 
done; 

(3) required or desired 
data is obtained; 

(4) a proper sequencing 

and timely acquisition of the re- 
quired or desired data is planned 
and executed; 

(5) site survey data 

stations will be designed and lo- 
cated, insofar as feasible, so as to 
serve as planned permanent 
monitoring stations as necessar>'; 
and 

(6) technical and 
administrative coordination of 
laboratory and field efforts is 
planned and executed. 

(c) As site characterization pro- 
ceeds, the applicant (or siting agency) 
and the agency shall together review 
the site characterization results and 
the site characterization plan at least 
once every 90 days to ensure that the 
plan is still valid. The site character- 
ization plan shall be modified as re- 
quired by the agency. 

(d) Time-variant site characteristics 
that require site-specific measure- 
ments shall be measure at such fre- 
quency and duration so as to 
adequately defme the seasonal range 
of the values. The minimum period 
of measurement shall be one year and 
shall be supplemented, where possi- 
ble with regional data covering a 
longer time period. 

Statutory Authority G.S. I04E-7; 
l04E-9(3): I04E-I0(b). 

.3307 E.WIRONME.N'TAL 
INFORMATION 

A license application for land dis- 
posal of waste shall include site spe- 
cific environmental information (or 
reconnaissance level information 
when appropriate) wliich addresses 
and quantifies to the extent practica- 
ble, but is not limited to, the follow- 
ing: 

(1) statement of need and a 
description of the proposed acti\- 
ities identifying the location of the 
proposed site, the character of the 
proposed activities, and any plans 
for use of the facility for purposes 
other than processing and dis- 
posal of waste; 

(2) area and site characteristics 
including: 



i\ORTH CAROLI.XA REGISTER 



221 



PROPOSLD RULES 



(a) histoncal and cultural 
landmarks, state and national 
parks, wilderness and wilderness 
study areas, archaeology, and 
demography; 

(b) all buildings to a three mile 
radius; 

(c) existing and projected 
populations and land use in the 
general area to a ten mile radius; ' 

(d) nearby drinking water supply 
watersheds, groundwater re- 
charge areas, flood plains, 
wetland areas and other natural 
resources such as endangered 
species habitats, proximity to 
parks, forests, wilderness areas 
and historical sites, and air qual- 
ity; and 

(e) proximity to other low-level 
radioactive waste or hazardous 
waste facilities; 

(3) any irreversible or irretrievable 
commitments of natural resources 
wliich would be involved should 
the area be developed as a dis- 
posal site; 

(4) to the extent performed by the 
applicant, site selection process, 
including considerations of alter- 
native sites and the interrelation- 
ships between location of waste 
generators, transportation costs 
and means, site characteristics, 
and compatibility with current 
land uses; 

(5) to the extent pcrtbrmed or 
selected by the applicant, project 
alternatives, including a dis- 
cussion of the alternatives consid- 
ered by the apphcant for 
processing and disposal of waste; 

(6) radiological and 
nonradiological impacts of the 
proposed action, including; 

(a) surface and groundwater 
impacts; 

(b) socioeconomic impacts; 

(c) short- and long-term impacts 
on public health and safety; 

(d) impacts resulting from 
irreversible or irretrievable com- 
mitments of resources; and 

(e) aesthetic factors such as the 
\isibility, appearance and noise 
level of the facility; 

(7) transportation routes, route 
safety, method of transportation, 
and en\ironmental effects of pos- 



tulated operational and transpor- 
tation accidents to include: 
(a) identification of accident 
modes with complete failure 
modes and effects analysis; 

(b) all credible accidents and 
projected off-site impacts, in- 
cluding those occurring in trans- 
portation of the waste to or from 
the facility; and 

(c) mitigation of accidents and 
protection of the public; 

(8) a list of all governmental 
permits, licenses, appro\als, and 
other entitlements obtained or 
which must be obtained in con- 
nection with the proposed action 
along with the current status of 
applications for and issuance of 
such permits, hcenses, approvals, 
and other entitlements; 

(9) a description of the maximum 
projected quantity and concen- 
tration of each radionuclide and 
toxic or hazardous constituent of 
the waste released annually to the 
air, to the water and to the soil; 

(10) a description of the maximum 
projected radiation doses to off- 
site populations; and 

(11) a description of the maximum 
projected off-site radionuclide 
concentrations in air, soU, water 
and food. 

Statutory Authoritv G.S. I04E-7; 
l04E-9(3); l04E-lb(b): I04E-I5. 

.3308 TECHNICAL AND 
ENVIRONMENTAL 
ANALYSES 

The specific tcclinical and environ- 
mental information shall also include 
the following analyses needed to 
demonstrate that the performance 
objectives of this Section will be met: 
(1) pathways analyzed in 

demonstrating protection of the 
general population from releases 
of radioactivity shall include air, 
soil, groundwater, surface water, 
plant uptake, and exhumation by 
burrowing animals. The analyses 
shall: 

(a) clearly identify and 
diiferentiate between the roles 
performed by the natural dis- 
posal site characteristics and de- 
sign features in isolating and 
segregating the wastes; and 

(b) clearlv demonstrate that there 



222 



SORTH CAROLLXA REGISTER 



PROPOSED RULES 



is reasonable assurance that the 
potential exposures to humans 
from the release of radioactivity 
will not exceed the limits set 
forth in Rule .3323 of this Sec- 
tion. 

(2) Analyses of the protection of 
individuals from inadvertent in- 
trusion shall include demon- 
stration that there is reasonable 
assurance that the waste classi- 
fication and segregation require- 
ments will be met and that 
adequate barriers to inadvertent 
intrusion wiU be pro\ided. 

(3) Analyses of the protection of 
individuals during operations 
shall include assessments of ex- 
pected exposures due to routine 
operations and likely accidents 
during handling, storage, and dis- 
posal of waste. The analyses shall 
provide reasonable assurance that 
exposures will be controlled to 
meet the requirements of Section 
.2500 of this Subchapter. 

(4) Analyses of the long-term 
stability of the disposal site and 
the need for ongoing active main- 
tenance after closure shall be 
based upon analyses of active na- 
tural processes such as erosion, 
mass wasting, slope failure, settle- 
ment of wastes and backfill, infil- 
tration through covers over 
disposal units and adjacent soUs, 
and surface drainage of the dis- 
posal site. The analyses shall 
provide reasonable assurance that 
there will not be a need for ongo- 
ing active maintenance of the dis- 
posal site foUowing closure. 

Statutory Authoritv G.S. I04E-7; 
l04E-9(3): l04E-lb(b). 

.3309 INSTITUTIONAL 
INI ORM.VTION 

The institutional information shaU 
include: 

(1) a certification by the state 
or federal government which 
owns the disposal site that the 
state or federal government is 
prepared to accept transfer of the 
hcense when the provisions of 
Rule .3320 of this Section are 
met, and will assume responsibil- 
ity for custodial care after site 
closure and postclosure observa- 
tion and maintenance; 



(2) evidence that arrangements 
have been made for assumption 
of ownership in fee by the state 
or federal government before the 
agency issues a license where the 
proposed disposal site is on land 
not owned by the state or federal 
government; 

(3) a description of the ownership 
of the land and fixtures that are 
part of the proposed disposal site; 
which description must include a 
plat plan describing the site and 
identifying the ownership of the 
surface and subsurface estates in- 
cluded, and, where portions of the 
site have been leased or will be 
leased to others, the terms of the 
lease agreement; and 

(4) a description of the contractual 
terms and conditions of any 
agreement for the management 
or operation of the proposed dis- 
posal site. 

Statutory Authority G.S. I04E-6.1; 
I04E-7; I04E-I0(b); I04E-I0.2. 

.3310 FINANCIAL INFORMATION 

(a) The fuiancial information shall 
be sufficient to demonstrate that the 
fmancial qualifications of the appli- 
cant are adequate to carry out the 
activities for which the license is 
sought and meet other fmancial as- 
surance requirements of this Section. 
In addition to information required 
in Rule .3305 of this Subchapter, the 
applicant shaU provide the following 
fmancial information: 

(1) fmancial organization of the 
company; 

(2) a list of all subsidiary 
companies and their locations; 

(3) audited financial statements 
for the most recent calendar or 
fiscal year; 

(4) interim statements, if it has 
been six months or more since 
the end of the reporting year; 

(5) a detailed schedule of 
liability insurance coverage ap- 
plicable to low-level radioactive 
waste, listing: 

(A) each insurance company's 
name; 

(B) amount of coverage; 

(C) any limitations on 
coverage; 

(D) duration of insurance 



SORTH C A ROUS A REGISTER 



223 



PROPOSED RULES 



policies; and 
(E) whether the company is 
licensed by the North 
Carolina Insurance Commis- 
sioner; 
(6) status and nature of any 
outstanding civil action to which 
the applicant is a party, and of 
any administrati\e or cnminal 
proceeding against the applicant; 
and the same inlormation with 
respect to any business entity 
whrch holds an interest of five 
percent or more in the applicant, 
or in which the applicant holds 
any interest; subject to the fol- 
lowing provisions: 

(A) upon request by the 
agency, the information re- 
quired by this Subparagraph 
shall include a copy of any 
document which is a part of 
pubUc record in any such 
action or proceeding; 

(B) with the approval of the 
agency, the applicant may 
submit any of the information 
required b\" this Subparagraph 
in summan' form, provided 
that an\' summar\' must fairly 
and accurately reflect the 
scope and content of such in- 
formation; 

(C) with the approval of the 
agency, the applicant may ex- 
clude information which 
would otherwise be required 
by this Subparagraph pro- 
vided that the applicant iden- 
tifies the types of inlormation 
to be omitted and satisfies the 
agency that such types of in- 
formation are not material to 
the applicant's ability to oper- 
ate a facility under this Sec- 
tion; and 

(D) unless specifically 
requested by the agency, the 
following types of actions if 
brought in North Carolina, or 
equivalent types of actions if 
brought in any other jurisdic- 
tion, are excluded from the 
reporting requirements of this 
Subparagraph: 

(i) smaU claims actions as 
defined m G.S. 7A-210, 
(ii) infractions as defined in 
G.S. 14-3.1, and 
(iii) misdemeanors under 



Chapter 20 (Motor Vehi- 
cles) of the General Stat- 
utes; and 
(7) details of any other resources 
such as reserves or bonds to 
cover potential damages. 

(b) The applicant shall describe 
the fmancial responsibihty and habil- 
ity coverage for: 

(1) all injuries to public, 
property, workers and environ- 
ment; 

(2) failure to operate as designed; 
and 

(3) post-closure monitoring and 
sur\eillance. 

(c) The information required in 
Paragraphs (a) and (b) of this Rule 
shall be updated annually to the ex- 
tent that such information is not 
provided in the annual certified fi- 
nancial statement required in Rule 
.3338 of this Section. 

Statutory Authority G.S. I04E-7; 
l04E-l6(bi: I04E-I0.I(2). 

.3311 FILING AND [)ISTRIBLT10\ 
OF .VPPllCATION 

(a) An appHcation for a license 
under this Section, and any amend- 
ments thereto, shall be filed with the 
agency, and shaU be signed under 
oath by the applicant or the appli- 
cant's authorized representative who 
shaU furnish documentation confer- 
ring authority. The application filed 
with the agency shall consist of one 
signed original and 12 true copies. 

(b) Additional copies of the 
apphcation shall be retained by the 
applicant for distribution in accord- 
ance with written instructions from 
the aeencv. 



Statutory 
1 04 E- 10. 



Authority G.S. I04E-7; 



3312 ELIMFNATION OF RFPETITIO.N 

In its application, the appUcant 
may incorporate, by reference, infor- 
mation contained in pre\ious apph- 
cations, statements, or reports filed 
with the agency if these references are 
clear and specific. 

Statutory Authority G.S. J04E-7; 
104E-9(3l. 

.3313 UPDATFNG OF APPLICATION 

(a) The application shaU be as 



224 



.\ORTH CAROLISA REGISTER 



PROPOSED RULES 



complete as possible in the light of 
information that is available at the 
time of submittal. 

(b) It shaU be the responsibility 
of the applicant to supplement its 
application in a timely manner in or- 
der to reflect any material changes in 
the information required as a part of 
the application or available to the 
appUcant, so as to permit the agency 
to review any such infonnation prior 
to issuance of a license. 



Statutory A uthority 
l04E-9(3). 



G.S. I04E-7: 



.3314 STANDARDS FOR ISSUANCE 
OF A LICENSE 

A license for the receipt, 
possession, and disposal of waste 
containing or contaminated with ra- 
dioactive material will be issued by 
the agency upon fmding that the is- 
suance of the hccnse and operation 
of the facility will not constitute an 
unreasonable risk to the health and 
safety of the public or have a long- 
term detrimental impact on the envi- 
ronment, and that: 

(1) the applicant is qualified by 
reason of training and experience 
to carry out the disposal oper- 
ations requested in a manner that 
adequately protects public health 
and minimizes danger to life, 
property or the environment; 

(2) the applicant's proposed 
disposal site, disposal design, land 
disposal facility operations (in- 
cluding equipment, facilities, and 
procedures), disposal site closure, 
and postclosure institutional care 
are adequate to protect the public 
health and safety in that they 
provide reasonable assurance that 
the general population will be 
protected from releases of radio- 
activity as specified in this Sec- 
tion; 

(3) the applicant's proposed 
disposal site, disposal site design, 
land disposal facility operations 
(including equipment, facilities, 
and procedures), disposal site 
closure, and postclosure institu- 
tional control are adequate to 
protect the public health and 
safety in that they will provide 
reasonable assurance that individ- 
ual inad\'ertent intruders are pro- 



tected in accordance with this 
Section; 

(4) the applicant's proposed 

land disposal facility operations 
(including equipment, facilities, 
and procedures) are adequate to 
protect the pubhc health and 
safety in that they will provide 
assurance that the standards for 
radiation protection set out in 
Section .2500 of this Subchapter 
wiU be met; 

(5) the applicant's proposed 
disposal site, disposal site design, 
land disposal facility operations, 
disposal site closure, and 
postclosure institutional control 
arc adequate to protect the pubUc 
health and safety and the envi- 
ronment in that they will provide 
reasonable assurance that long- 
term stability of the disposed 
waste and the disposal site wiU be 
achieved and wiU eliminate to the 
extent practicable the need for 
ongoing active maintenance of the 
disposal site foUowing closure; 

(6) the applicant has provided 
reasonable assurance that the ap- 
plicable technical requirements of 
this Section wlU be met; 

(7) the applicant's proposal for 
institutional control provides rea- 
sonable assurance that such con- 
trol will be provided for the length 
of time found necessary to ensure 
the findings in Subparagraphs (2) 
througli (5) of this Rule and that 
the institutional control meets the 
requirements in this Section; 

(8) the information on financial 
assurances meets the require- 
ments of this Section; 

(9) any additional information 

as requested by the agency pur- 
suant to Rule .2417 of this Sub- 
chapter is adequate; and 
(10) the requirements of this 
Section have been met. 

Statutory Authority G.S. I04E-7; 
l04E-9(3): I04E-I0{b); I04E-I2: 
I04E-I3(a): I04E-IS. 

.3,115 CONDITIONS OF LICENSE 

(a) A license issued under this 
Section, or any right thereunder, may 
not be transferred, assigned, or in any 
manner disposed of, either voluntar- 
ily or involuntarily, directly or indi- 



j\ORTH CAROLINA REGISTER 



225 



PROPOSED RULES 



rcctly, through transfer of control of 
the license to any person, unless the 
agency finds, after securing full infor- 
mation, that the transfer is in ac- 
cordance with the provisions of 
North Carolina Radiation Protection 
Act (act) and gives its consent in 
writing in the form of a license 
amendment. 

(b) At any time before tennination 
of the license, the Licensee shall sub- 
mit written statements under oath 
upon request of the agency to enable 
the agency to determine whether or 
not the license should be modified, 
suspended, or revoked. 

(c) The license will be terminated 
only on the full implementation of 
the final closure plan as approved by 
the agency, including postclosure ob- 
servation and maintenance. 

(d) The licensee shall be subject 

to the provisions of the act now or 
hereafter in effect, and to all rules and 
orders of the agency. The terms and 
conditions of the license are subject 
to amendment, revision, or modifica- 
tion, by reason of amendments to, 
or by reason of rules and orders is- 
sued in accordance with terms of the 
act. 

(e) Any license may be revoked, 
suspended or modified in whole or in 
part for any material false statement 
in the application or any misstate- 
ment of fact required under the act, 
or because of conditions revealed by 
any application or statement of fact 
or any report, record, or inspection 
or other means which uould warrant 
the agency to refuse to grant a license 
to the original application, or for 
failure to operate the facility in ac- 
cordance with the terms of the li- 
cense, or for any \iolation of or 
failure to obscr. c any of the terms 
and conditions of the act, or any rule, 
license or order of the agency. 

(f) Each person licensed by the 
agency pursuant to the Rules in this 
Section shall confine possession and 
use of radioactive matenals to the lo- 
cations and purposes authorized in 
the license. 

(g) No waste may be disposed of 
until the agency has inspected the 
land disposal facility and has found 
it to be in conformance with the de- 
scription, design, and construction 



described in the application for a li- 
cense. 

(h) The agency may incorporate in 
any license at the time of issuance, 
or thereafter, by appropriate rule or 
order, additional requirements and 
conditions with respect to the 
Ucensce's receipt, possession, and 
disposal of waste as it deems appro- 
priate or necessary^ in order to: 

(1) protect the health and safety 
of the public and the environ- 
ment, or minimize danger to life 
or property; and 

(2) require reports and the 
keeping of records, and to pro- 
vide for inspections of activities 
under the license that may be 
necessary or appropriate to 
effectuate the purposes of the act 
and rules thereunder. 

(i) The agency may incorporate 
in any license at the time of issuance, 
or thereafter, by appropriate rule or 
order, a requirement that the licensee 
provide the agency with continuing 
information with respect to any in- 
fonnation required as a part of the 
license application. 

(j) Each hccnse will be issued 
for a period of five years from the 
date of issuance. The authority to 
dispose of wastes expires on the date 
stated in the license except as pro- 
vided in Rule .3317 of this Section. 

Statutory Authority G.S. I04E-7; 
l04E-l6{b): I04E-'I2: I04E-I3(a). 

J316 AMENDMENT OF I ICENSE 

(a) An application for amendment 
of a license shall be filed in accord- 
ance with Rules .3311, .3312 and 
.3313 of this Section, and shall fuUy 
describe the changes desired. 

(b) In determining whether an 
amendment to a license will be ap- 
proved, the agency will apply the cri- 
teria set forth in Rule .3314 of this 
Section. 

Staluton' Authority G.S. I04E-7; 
/04E-/6ib). 

.3317 Ai PLICATION FOR RENEWAL 
OR CLOSURE 

(a) .Any expiration date on a 
license applies only to the above 
ground activities and to the authority 
to dispose of waste. Failure to renew 
the license shall not relieve the 



126 



yORTH CAROEI.XA REGISTER 



PROPOSED RULES 



licensee of responsibility for imple- 
menting site closure, postclosurc ob- 
scr\'ation, and transfer of the license 
to the custodial agency. An applica- 
tion for renewal or an application for 
closure under Rule .3318 of this Sec- 
tion shall be filed at least 30 days 
prior to license expiration. 

(b) Applications for renewal of 

a license shall be filed in accordance 
with Rules .3304 tluough .3313 of 
this Section. Applications for closure 
shall be filed in accordance with 
Rules .3311, .3312, .3313 and .3318 
of this Section. 

(c) In any case in which a 
licensee has timely filled an applica- 
tion for renewal of a license, the li- 
cense for continued receipt and 
disposal of licensed materials shall 
not expire until the agency has taken 
fmal action on the application for re- 
newal. 

(d) In determining whether a 
license will be renewed, the agency 
will apply the criteria set forth in 
Rule .3314 of this Section. 

(e) Upon approval of an 
application for renewal pursuant to 
provisions of this Rule, the agency 
will issue the license renewal amcnd- 
'ment to expire five years from the 
date of fmal agency action on the 
application for renewal. 

Statutory Authority G.S. I04E-7: 
I04E-I0; I04E-I0.I: I04E-I8. 

.3318 CONTENTS OF APPLICATION 
FOR CLOSURE 

(a) Prior to fmal closure of the 
disposal site, or as otherwise directed 
by the agency, the applicant shall 
submit an application to amend the 
license for closure. 1 liis closure ap- 
plication shall include a final revision 
and specific details of the disposal site 
closure plan included as part of the 
license application submitted under 
Rule .3306(16) that includes each of 
the following: 

(1) any additional geologic, 
geochemical, hydrologic, or 
other data obtained during the 
operational period pertinent to 
the long-term containment of 
emplaccd wastes; 

(2) the results of tests, 
experiments, or any other ana- 
lyses relating to backfill of exca- 
vated areas, closure and sealing, 



waste migration and interaction 
with emplacement media, or any 
other tests, experiments, or ana- 
lyses pertinent to the long-term 
containment of emplaced waste 
within the disposal site; 

(3) any proposed revision of 
plans for: 

(A) decontamination and 
dismantlement of surface fa- 
cilities; 

(B) backfilling of excavated 
areas; or 

(C) stabilization of the disposal 
site for postclosure care; and 

(4) any significant new 
information regarding the envi- 
ronmental impact of closure ac- 
tivities and long-term 
performance of the disposal site. 

(b) Upon review and consideration 
of an application to amend the li- 
cense for closure submitted in ac- 
cordance with Subparagraph (a) of 
this Rule, the agency may issue an 
amendment authorizing closure if 
there is reasonable assurance that the 
long-term performance objectives of 
this Section will be met. 

Statutory Authority G.S. J04E-7; 
l04E-9(3); W4E-/0; I04E-I0.I: 
I04E-I8. 

.3319 POSTCLOSURE OBSERVATION 
AND MAINTENANCE 

FoUowing completion of closure 
authorized in Rule .3318 of this Sec- 
tion, the licensee shall observe, mon- 
itor, and carry out necessary 
maintenance and repairs at the dis- 
posal site until the site closure is 
complete and the license is trans- 
ferred by the agency in accordance 
with Rule .3320 of this Section. Re- 
sponsibility for the disposal site shall 
be maintained by the licensee for five 
years. A shorter or longer time pe- 
riod for postclosure observation and 
maintenance may be established and 
approved as part of the site closure 
plan, based on site-specific condi- 
tions. 

Statutory Authority G.S. I04E-7; 
I04E-I0: I04E-I0.I: I04E-I8. 

.3320 TRANSFER OF LICENSE 

(a) Following closure and the 
period of postclosure obser\ation and 
maintenance, the licensee may apply 



NORTH CAROLINA REGISTER 



227 



PROPOSED RILES 



for an amendment to transfer the li- 
cense to the custodial agency. The 
license shall be transferred when the 
agency finds: 

(1) that the closure of the 
disposal site has been made in 
confonp.ance with the licensee's 
disposal site closure plan, as 
amended and approved as part 
of the license; 

(2) that reasonable assurance 

has been pro\ided by the 
licensee that the performance 
objectives of this Section are 
met; 

(3) that any funds and necessary 
records for care will be trans- 
ferred to the Radiation Pro- 
tection Fund and the custodial 
agency, respectively; 

(4) that sutTicicnt funds ha%'e 
accumulated in the Radiation 
Protection Fund to support an- 
ticipated agency and custodial 
agency costs for all future obser- 
vation, monitoring, maintenance 
and remedial actions; 

(5) that the postclosure 
monitoring program is opera- 
tional for implementation by the 
custodial agency: and 

(6) that the state agency 
(custodial agency) which will as- 
sume responsibility for institu- 
tional control of the disposal site 
is prepared to assume responsi- 
bility and ensure that the insti- 
tutional requirements found 
necessarv under Subparagraph 
(7) of Rule .3314 of this Section 
will be met. 

Statutory Authority G.S. 104E-7: 
/04E-/6; I04E-I0.I; I04E-I2; 
104E-I6: 104E-IS. 

.3321 TERMINATION OF LICENSE 

(a) Following any period of 
institutional control needed to meet 
the requirements found necessar>' 
under Rule .3314 of thrs Section, the 
licensee (custodial agency) may apply 
for an amendment to terminate the 
license. 

(b) This application shall be 
fded, and will be reviewed, in ac- 
cordance with the proN'isions of Rules 
.3311 of this Section and (a) of this 
Rule. 

(c) A license will be tenninated 



only when the agency fmds: 

(1) that the institutional control 
requirements found necessary 
under Subparagraph (7) of Rule 
.3314 of this Section have been 
met; and 

(2) that any additional 
requirements resulting from new 
mformation developed during 
the institutional control period 
have been met, and that perma- 
nent monuments or markers 
warning against intrusion have 
been installed. 

Statulor; Authority G.S. I04E-7; 
1 04 E- 10. 

.3322 PERFORM.\NCE OBJECTIVES 
- GENER.\L REQLIRE.MENT 

Land disposal facilities shall be 
sited, designed, operated, closed, and 
controUed after closure so that rea- 
sonable assurance exists that expo- 
sures to humans do not exceed the 
limits established in the performance 
objectives in Rules .3323 through 
.3325 of this Section. 



Statuton' 
J04E-/6. 



Authority G.S. I04E-7, 



.3323 PROTECTION OF POPULATION 
FROM RELEASES OF 
RADIOACTIVITY 

(a) The design goal of the 
engineered barrier and other require- 
ments in this Section is confinement 
of the disposed waste and contained 
radioactivity for at least the designed 
life of the required engineered barri- 
ers, with reasonable assurance that 
any release of radioactivity or radi- 
ation will not exceed the limits stated 
in Subparagraph (b) of this Rule and 
will be as low as reasonably achieva- 
ble as provided in Subparagraph (c) 
of this Rule. 

(b) Land disposal facilities shall 
not cause external radiation levels or 
release concentrations of radioactive 
material to the general en\ironment 
in groundwater, surface water, air, 
soil, plants, or animals that result in 
an annual equivalent dose to any 
member of the public, above back- 
ground as determined in accordance 
with Rule .3331 of this Section, ex- 
ceeding: 

( 1 ) 25 milUrems to the whole 
bod\': 



228 



SORTH CAROLISA REGISTER 



PROPOSED RULES 



(2) 75 millirems to the thyroid; 
or 

(3) 25 miUircms to any other 
organ. 

(c) In accordance with the 
ALARA plan required by Rule 
.3306(12) of this Section, the licensee 
shall maintain releases of radioactiv- 
ity in effluents to the general envi- 
ronment and resultant radiation dose 
to the public as low as reasonably 
achievable below the limits imposed 
in Paragraph (b) of this Rule. 

Statutory Authority G.S. J04E-7; 
104 E- 10. 

.3324 PROTECTIO.N OF 

INUIVIDUALS FROM 
FNADVERTENT INTRUSION 

Design, operation, and closure of 
the land disposal facility shall ensure 
protection of any individual inad- 
vertently intruding into the disposal 
site and occupying the site or con- 
tacting the waste at any time after 
active institutional controls over the 
disposal site are removed. 

Statutoiy Authority G.S. I04E-7; 
I04E-I0. 

.3325 PROTECTION OF 

INDIVIDUALS DURING 
OPERATIONS 

(a) Operations at the land disposal 
facility shall be conducted In compli- 
ance with the standards for radiation 
protection set out in Section .2500 of 
this Subchapter, except as provided 
in Rule .3323 of this Section. 

(b) In accordance with the 
ALARA plan required by Rule 
.3306(12) of this Section, the licensee 
shall maintain occupational radiation 
doses as low as reasonably achievable 
below the occupational radiation 
dose limits established in Section 
.2500 of this Subchapter. 

Statutory Authority G.S. 104E-7; 
I04E-I0. 

.3326 STABII ITY OFTME 

DISPOSAL SITE AFTER 
CLOSURE 

The disposal facility shall be sited, 
designed, used, operated, and closed 
to achieve long-term stability of the 
disposal site and to eliminate to the 
extent practicable the need for ongo- 



ing active maintenance of the dis- 
posal site following closure so that 
only surveillance, monitoring, and 
minor custodial care arc required. 

Statutory Authority G.S. I04E-7; 
I04E-I0. 

.3327 TECHNICAL REQUIREMENTS 
FOR LAND DISPOSAL 
FACILITIES 

The technical requirements for land 
disposal facUities are set forth in 
Rules .3328 through .3334 of this 
Section. 

Statutory Authority G.S. 104E-7; 
I04E-I0. 

.3328 DISPOSAL SITE 

SUITABILITY REQUIREMENTS 

(a) The disposal site shall be 
capable of being characterized, mod- 
eled, analyzed, and monitored. 

(b) Within the region where the 
facility is to be located, a disposal site 
should be selected so that projected 
population growth and future devel- 
opments are not likely to affect the 
ability of the disposal facility to meet 
the performance objectives of this 
Section. 

(c) Areas shall be avoided having 
known natural resources which, if 
exploited, would result in failure to 
meet the performance objectives of 
this Section. 

(d) The disposal site shall be weU 
drained and free of areas of flooding 
or frequent ponding. Waste disposal 
shall not take place in a 100-year 
flood plain, coastal high-hazard area 
or wetland, as defmed in Executive 
Order 11988, "Floodplain Manage- 
ment Guidelines." 

(e) Upstream drainage areas shall 
be minimized to decrease the amount 
of rimoff which could erode or 
inundate disposal units. 

(f) The disposal site shall provide 
sufficient depth to the water table 
that groundwater intrusion, perennial 
or otherwise, into the waste wiU not 
occur. 

(g) Areas shall be avoided that are 
the recharge areas of sole source 
aquifers or drinking water supply 
watersheds unless it can be demon- 
strated with reasonable assurance that 
the disposal site will be designed, 
constructed, operated, and closed 



NORTH CAROLINA REGISTER 



229 



PROPOSED RILES 



without an unreasonable risk to an 
aquifer or drinJ-dng water supplies. 

(h) Waste disposal shall not take 
place within 1000 feet of drinking 
water wells, except for on-site wcUs 
controlled by the licensee and used to 
supply water solely to the facilit)-. 
This minimum distance may be in- 
creased in any lateral direction when 
required by site specific conditions. 
The lateral dimensions of the butfer 
zone required by Rule .3330 of this 
Section shall not be less than the 
distance required by this Rule. 

(i) The hydrogeologic unit used 
for disposal shall not discharge 
groundwater to the surface within the 
disposal site. 

(j) Areas shall be a\'oided where 
tectonic processes such as faulting, 
foldmg. seismic activity, or Mjlc;inism 
may occur with such frequency and 
extent to significanth' affect the abil- 
ity of the disposal site to meet the 
performance objectives of this Sec- 
tion, or may preclude defensible 
modeling and prediction of long-term 
impacts. 

(k) ^-Vreas shall be avoided where 
surface geologic processes such as 
mass wasting, erosion, slumping, 
landsliding, or weathering occur with 
such frequency and extent to signif- 
icantly affect the ability of the dis- 
posal site to meet the performance 
objectives of tliis Section, or may 
preclude defensible modeling of 
long-term impacts. 

(1) The disposal site shall not be 
located where nearby facilities or ac- 
tivities could adversely impact the 
ability of the site to meet the per- 
formance objectives of this Section 
or significantly mask the en\iron- 
mental monitoring program. 

Siaiutoiy Auihoritv G.S. I04E-7: 
I04E-I6. 

.3329 SITF DtSIG.N FOR L.WU 
DISPOSAL 

(a) Shallow land bunal, as defmcd 
in Subparagraph 25 cf Rule .3302 of 
this Section, is prohibited. This 
prohibition sh;ill not apply to land 
disposal facilities wliich incorporate 
the engineered barriers required by 
this Section. 

(b) Site design features shall be 
directed toward long-term isolation 
and a\'oidance of the need for con- 



tinuing active maintenance after site 
closure. 

(c) The disposal site design and 
operation shall be compatible with 
the disposal site closure and stabili- 
zation plan and lead to disposal site 
closure that provides reasonable as- 
surance that the performance objec- 
ti\es of this Section will be met. 

(d) The disposal site shall be 
designed to complement and im- 
prove, where appropriate, the ability 
of the disposal site's natural charac- 
teristics to assure that the perform- 
ance objectives of this Section will 
be met. 

(e) Covers shall be designed to 
minimize water inlHtration, to direct 
percolating or surface water away 
from the disposed waste, and to resist 
degradation by surface geologic proc- 
esses and biotic activity. 

(f) Surface features shall direct 
surface water drainage awa\' from 
disposal units at velocities and gradi- 
ents which will not result in erosion 
that will require ongoing active 
maintenance. 

(g) The disposal site shall be 
designed to minimize the contact of 
water with waste during storage, the 
contact of standing water with waste 
during disposal, and the contact of 
percolating or standing water with 
wastes after disposal. 

(h) The disposal units shall 
incorporate engineered barriers and 
shaU be designed and constructed to 
meet the following objectives: 

(1) pre\'ent the migration of 
water into the unit; 

(2) pre\'ent migration of waste 

or waste contaminated water out 
of the unit; 

(3) pro\ide for the detection of 
water or other fluids; 

(4) pro\ide for the temporary 
collection and transfer for reme- 
dial action of water or other liq- 
uids for a time sufficient to allow 
for remedial action without con- 
tamination of ground water or 
surrounding soil; 

(5) prj\ide for remedial measures 
without disturbing other dis- 
posal units; 

(6) limit the size consistent with 
site operations and waste class; 
and 

(7) facilitate retrie\al. 



230 



SORJH CAROLISA REGISTER 



PROPOSED RULES 



(i) The engineered barriers 
required in Paragraph (h) of this Rule 
shall be designed and constructed to 
meet the following criteria: 

(1) barriers shall provide 
reasonable assurance that they 
wiU enhance the disposal sys- 
tem's ability to isolate the radio- 
active waste through the 
institutional control period; 

(2) barriers shall be constructed 
of materials with appropriate 
chemical properties and suffi- 
cient strength and thickness to 
maintain their functional integ- 
rity under normal and abnormal 
conditions of operation; 

(3) barrier structural integrity 
shaU be maintained under 
nonnal and abnormal conditions 
of peration; 

(4) barriers shall prevent contact 
between the surrounding earth 
and the waste, except for earth 
that may be used as fill material 
within the disposal urut; 

(5) barriers shall not detract 
from the ability of the disposal 
system to meet the pcrtbrmance 
objectives of this Section; and 

(6) the barriers may take on 
different forms, depending upon 
the waste class involved. 

(j) The licensee shall develop, 
operate and maintain the site in a 
manner that will not diminish the 
hydrogeological performance of the 
site below the requirements con- 
tained in the Rules of this Section. 



Slalutoty Authority G.S. 
I04E-I0. 



I04E-7: 



.3330 FACILITY OPERATION AND 
DISPOSAL SITE CLOSURE 

(a) Wastes designated as Class A 
pursuant to Rule .2525 of this Sub- 
chapter shall be segregated from 
other wastes by placement in disposal 
units which are sufficiently separated 
from disposal units for the other 
waste classes so that any interaction 
between Class A wastes and other 
wastes will not result in the failure to 
meet the performance objectives of 
this Section, lliis segregation is not 
necessary for Class A wastes if they 
meet the stability requirements in 
Rule .2526(b) of this Subchapter. 

(b) Wastes designated as Class C 



pursuant to Rule .2525 of this Sub- 
chapter shall be disposed of so that 
the top of the waste is a minimum 
of five meters below the top surface 
of the cover or shall be disposed of 
with intruder barriers that are de- 
signed to protect against an inadvert- 
ent intrusion for at least 500 years. 

(c) Wastes shall be cmplaced in a 
manner that maintains the package 
integrity during emplacement, mini- 
mizes the void spaces between pack- 
ages, and permits the void spaces to 
be fdled. 

(d) Void spaces between waste 
packages shall be fdled with earth or 
other material to reduce future 
subsidence within the fill. 

(e) Waste shall be placed and 
covered in a manner that limits the 
radiation dose rate at the surface of 
the cover to levels that at a minimum 
will permit the licensee to comply 
with all provisions of Rule .2506 of 
this Subchapter at the time the h- 
cense is transferred pursuant to Rule 
.3320 of this Section. 

(f) The boundaries and locations 
of each disposal unit shall be accu- 
rately located and mapped by means 
of land survey. Disposal units shall 
be marked in such a way that the 
boundaries of each unit can be easily 
defmed. Three permanent survey 
marker control points, referenced to 
the North .American Datum of 1983 
(NAD83) and the current North 
American Vertical Datum (NAVD), 
as defmed and maintained by the 
National Geodetic Survey, shall be 
established on the site to facihtatc 
surveys. The three established con- 
trol stations shall be positioned both 
horizontally and vertically by surveys 
tied to the NAD 83 and NAVD as 
maintained in the North Carolina 
Geodetic Survey record files. All 
such surveys shall comply with 
standards and specifications as ap- 
proved by North Carolina Geodetic 
Sur\'ey. 

(g) A buffer zone of land shall be 
maintained between any buried waste 
and the disposal site boundary and 
beneath the disposed waste. The 
buffer zone shall be of adequate di- 
mensions to carry out environmental 
monitoring activities specified in Rule 
.3331(c) of this Section and to permit 
mitigative measures if needed. 



AORTH CAROLINA REGISTER 



231 



PROPOSED RILES 



(hj Closure and stabilization 
measures as set forth in the approved 
site closure plan shall be carried out 
as each disposal unit is fiUed and 
covered. 

(i) Active waste disposal 
operations shall not have an adverse 
effect on completed closure and sta- 
bilization measures. 

(j) The Radiation Protection 
Commission may by special order 
provide for the disposal of mixed 
waste. .-\ny such order shall conform 
to all requirements of the federal 
Low- Level Radioactive Waste Fohcv 
.Amendments Act of 1985, G.S. 104E 
as amended, G.S. 130 .Article 9 as 
amended, and regulations issued pur- 
suant thereunto. 

Statulory Authority G.S. I04E-7; 
1 04 E- 10. 

.3331 EWIRONME.NTAL 
MO.MTORINO 

(a) A preoperational monitormg 
program shall be conducted to pro- 
vide basic en\ ironmcntal data on the 
disposal site characteristics and to 
detennine the pre-e>dsting back- 
ground radiation levels. At the time 
a license application is submitted, a 
preoperational monitoring program 
shall have been conducted to provide 
basic environmental data on the dis- 
posal site characteristics. The data 
shall include information about the 
ecology, meteorology, climate, 
hydrolog>', geolog\', geochemistr)', 
and seismology of the disposal site. 
For those characteristics that are 
subject to seasonal variation, data 
must cover at least a 12 month pe- 
riod. 

(b) During the land disposal 
facility site construction and opera- 
tion, the licensee shall maintain a 
monitoring program where: 

(1) measurements and 
observations shall be made and 
recorded to provide data to 
evaluate the potential health and 
environmental impacts during 
both the construction and the 
operation of the facihty, and to 
enable the evaluation of long- 
term effects and the need for 
mitigati\'e measures; and 

(2) the monitoring program shall 
be capable of pro\iding earh' 
wamina of releases of 



radionuclides before they reach 
the disposal site boundar>'. 
(c) After the disposal site is closed, 
the licensee responsible for 
postoperational sur\'cillance of the 
disposal site shall maintain a moni- 
toring program where: 

(1) the monitoring program is 
based on the operating histon' 
and the closure and stabilization 
of the disposal site: and 

(2) the monitoring program shall 
be capable of providing early 
warning of releases of 
radionuclides before they reach 
the disposal site boundary-, and 
shall include sufficient numbers, 
types and locations of wells to 
permit detection of ground water 
radioactive contamination. 

Statnton Authority G.S. 104E-7; 

104E-l6(bi; 104E-1 0.1(2). 

.3332 V.\RI.4NCE 

(a) \\Tien practical difficulties or 
unnecessan" hardship would result 
from carrying out the strict letter of 
this Section, the agency may grant a 
\ariance from the requirements of 
this Section. A request for a variance 
shall be made in writing by the ap- 
plicant or licensee. The agency shall 
require the applicant or the licensee 
requesting a variance to pro\ide such 
information as the agency determines 
to be necessary to a decision on the 
request for a variance. 

(b) Upon receipt of a request for 

a variance, the agency wiU provide 
public notice of the request, including 
but not Hmited to wntten notice of 
at least 30 days, to all persons on the 
mailing lists maintained by the com- 
mission and the agency for such pur- 
pose. 

(c) The agency will receive and 
consider written comment on the re- 
quest, and shall hold one or more 
public hearings whenever it appears 
that there is sufficient public interest 
in a request to warrant one or more 
public hearings. 

(d) l~he agency shall in no less 
than 45 days and no more than 90 
days make written findings of fact 
with respect to all issues raised by a 
request for a variance. The agency 
mav crant a \'ariance in whole or in 



in 



\ORTH CAROLISA REGISTER 



PROPOSED RULES 



part only upon a finding that the 
variance does not: 

(1) diminish compliance with the 
performance objectives of this 
Section; or 

(2) endanger the public health or 
safety; or 

(3) unreasonably endanger the 
environment; or 

(4) violate the spirit of this 
Section; or 

(5) result in substantial 
injustice. 

The agency shall impose such 
conditions or limitations on the vari- 
ance as it determines to be necessary 
to protect the public health and 
safety, or to protect the envirormient. 
Any variance granted pursuant to this 
Rule will become a written condition 
of an existing or proposed license. 

(e) Any person who is aggrieved 
by a decision of the agency on a re- 
quest for a variance may appeal such 
decision to the commission. 

(f) Notwithstanding any other 
provision of this Subchapter, no ex- 
emption, variance or other deviation 
from the requirements of this Section 
will be granted by the agency, except 
as may be granted pursuant to the 
requirements of this Rule. In partic- 
ular, the provisions in Rule .2206 of 
this Subchapter do not apply to this 
Section. 



Statutory Authority G.S. 
l04E-9(3); I04E- 10(b). 



104E-7; 



.3333 WASTE CLASSIFICATION AND 
CHARACTERISTICS 

(a) Waste shall be classified in 
accordance with provisions of Rule 
.2525 of this Subchapter. 

(b) Waste shall meet the 
applicable characteristics prescribed 
in Rule .2526 of this Subchapter. 

(c) Bach container of waste shall 
be labelled in accordance with pro- 
visions of Rule .2527 of this Sub- 
chapter. 



Statutory Authority 
I04E- 10(b). 



G.S. I04E-7; 



.3334 INSTITUTIONAL 
REQUIREMENTS 

(a) Disposal of waste received 
from other persons may be permitted 
only on land owned in fee simple by 



the State of North Carolina or the 
federal govenunent. 

(b) The land owner or custodi;d 
agency shall conduct an institutional 
control program to physically control 
access to the disposal site following 
transfer of control of the disposal site 
from the disposal site operator. 

(c) The institutional control 
program shall also include, but not 
be limited to, conducting an envi- 
ronmental monitoring program at the 
disposal site, periodic surveUlance, 
minor custodial care, and other re- 
quirements as determined by the 
agency; and administration of funds 
to cover the costs for these activities. 

(d) The period of institutional 
controls will be determined by the 
agency, but shall be no less than 100 
years following transfer of control of 
the disposal site to the custodial 
agency. 

(e) Notwithstanding the period of 
institutional control which may be 
required by the agency pursuant to 
Paragraph (d) of this Rule, such in- 
stitutional control may not be relied 
upon for the purpose of meeting site 
performance criteria for more than 
100 years following transfer of con- 
trol of the disposal site to the custo- 
dial agency. 

Statutorv Authority G.S. I04E-6.I; 
I04E-7;' I04E-'I0.2; I04E-I6; 
104E-18. 

.3335 APPLICANT QUALIFICATIONS 
AND ASSURANCES 

The appUcant shall show that it 
either possesses the necessary funds 
or has reasonable assurance of ob- 
taining the necessary funds, or by a 
combination of the two, to cover the 
estimated costs of conducting all U- 
censed activities over the plarmed 
operating life of the project. 



Statutory Authority G.S. 
l04E-l6(b); I04E-10.I. 



I04E-7: 



.3336 FUNDING OF CLOSURE: 
STABILIZATION: 
INSTITUTIONAL CONTROLS 

(a) The appUcant shall provide 
assurances prior to the commence- 
ment of operations that sufficient 
funds will be available to carry out 
disposal site closure, stabilization and 
institutional controls, including: 



NORTH CAROLINA REGISTER 



233 



PROPOSED RULES 



(1) decontamination or 
dismantlement of land disposal 
facility structures; and 

(2) closure and stabilization of 
the disposal site so that follow- 
ing transfer of the disposal site 
to the custodial agency, the need 
for ongoing active maintenance 
is eliminated to the extent prac- 
ticable and only minor custodial 
care, sur\'cillance, and monitor- 
ing are required. 

(b) The amount of the assurances 
in Paragraph (a) of this Rule shall be 
established by the commission and 
shall be based on agency-approved 
cost estimates reflecting the agency- 
approved plan for disposal site clo- 
sure and stabilization and agency 
estimates of the costs which may be 
associated with the period of institu- 
tional controls. In estimating such 
costs, the agency shall consider 
applicant-prepared cost estimates 
which shall take into account total 
costs that would be incurred if an in- 
dependent contractor were hired to 
perform the closure and stabilization 
work. 

(c) The licensee shall submit the 
fmancial or surety arrangements an- 
nually for review by the agency to 
assure that sutTicient funds will be 
a\'ailable for completion of the clo- 
sure plan and for anticipated institu- 
tional care. 

(d) The amount of the hcensee's 
fmancial or surety arrangement shall 
change m accordance with changes in 
the predicted costs of closure, stabili- 
zation and institutional care. Factors 
alTecling closure, stabilization and in- 
stitutional care cost estimates Include 
Inflation, increases In the amount of 
disturbed land, changes in engineer- 
ing plans, closure and stabilization 
that has already been accomplished, 
and any other conditions affecting 
costs. The fmancial or surety ar- 
rangements shall be sufficient at all 
times to cover the costs of closure, 
stabilization and institutional care of 
the disposal units that are expected 
to be used before the ne.xt license re- 
newal. 

(e) The amount of the hcensee's 
fmancial and surety arrangements as 
determined in Paragraph (d) of this 
Rule may be reduced annually by the 
actual amount of funds deposited by 



the licensee in the Radiation Pro- 
tection Fund pursuant to such fees 
as may be established by the agency 
under the provisions of G.S. 
104E-19. 

(f) The fmancial or surety 
arrangement shall be written for a 
specified period of time, shall run in 
favor of the Radiation Protection 
Fund, and shall be automatically re- 
newed unless the person who issues 
the surety notifies the agency, the site 
owner, and the principal ( the 
licensee) not less than 90 days prior 
to the renewal date of its intention 
not to renew. In such a situation, the 
hcensee must submit a replacement 
surety within 30 days after notifica- 
tion of cancellation. If the licensee 
faUs to provide a replacement surety 
acceptable to the agency witliin 30 
days after notification of cancellation, 
the agency may collect on the original 
surety for deposit in the Radiation 
Protection Fund. 

(g) Proof of forfeiture shall not be 
necessar)' to collect the surety so that, 
in the event that the licensee does not 
provide an acceptable replacement 
surety \sithin the required time, the 
surety shall be automatically col- 
lected prior to its expiration. The 
conditions described in this Para- 
graph and in Paragraph (f) of this 
Rule shall be clearly stated on any 
surety instrument. 

(h) Financial or surety 
arrangements generally acceptable to 
the commission and agency include: 
surety bonds, cash deposits, certif- 
icates of deposit, deposits of govern- 
ment securities, escrow accounts, 
irrevocable letters or lines of credit, 
trust funds, and combinations of the 
above or such other types of ar- 
rangements as may be approved by 
the agency, consistent with pro- 
visions of G.S. 104E-18. Self- 
insurance, or any arrangement \\hich 
essentially constitutes self-insurance, 
will not satisfy the surety requirement 
for private sector applicants. 

(i) The licensee's fmancial or 
surety arrangement shall remain in 
effect until the closure and stabiliza- 
tion program has been completed 
and approved by the agency, custody 
of the site and disposed wa.ste has 
been accepted by the custodial 



234 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



agency, and the license has been ter- 
minated by the agency. 

(i) In order to avoid unnecessary 
duplication of expense, the agency 
will accept sureties that have been 
consolidated with earmarked fman- 
cial or surety arrangements estab- 
lished to meet requirements of federal 
or other state agencies for such de- 
contamination, closure, and stabili- 
zation. The agency will accept these 
arrangements only if they are consid- 
ered adequate to satisfy the require- 
ments of Subparagraphs (a) to (i) of 
this Rule and that portion of the 
surety which covers the closure of the 
disposal site is clearly identified and' 
committed for use in accomplishing 
these activities. 

Statutory Authority G.S. /04E-7; 
104 E- 16; I04E-I7: 104E-I8; 

I04E-I9(b). 

.3337 RFXORnS: REPORTS: TESTS: 
AND INSPECTIONS 

Requirement for records, reports, 

tests and inspections are described in 

Rules .3338 through .3341 of this 

Section. 

Statutory Authority G.S. 104E-7; 
I04E-II; I04E-I2. 

.3338 MAINTENANCE OF RECORDS: 
REPORTS AND TRANSFERS 

(a) Each licensee shall maintain 
any records and make any reports in 
connection with the licensed activ- 
ities, as may be required by the con- 
ditions of the Ucensc or by the rules, 
and orders of the agency. 

(b) Records which are required by 
the rules or by license conditions 
shall be maintained for a period 
specified by the appropriate rules or 
by license condition. If a retention 
period is not otherwise specified, 
these records shall be maintained and 
transferred to the agency as specified 
in Rule .2517 of this Subchapter as a 
condition of license termination un- 
less the agency otherwise authorizes 
their disposition. 

(c) Records which shall be 
maintained pursuant to this Section 
may be the original or a reproduced 
copy or microfilm if the reproduced 
copy or microfilm is capable of 
producing copy that is clear and legi- 



ble at the end of the required re- 
tention period. 

(d) If there is a conflict between 
the agency's rules, license condition, 
or other written agency approval or 
authorization pertaining to the re- 
tention period for the same type of 
record, the longest retention period 
specified takes precedence. 

(e) Notwithstanding Paragraphs 
(a) through (d) of this Rule, copies 
of records of the location and the 
quantity of wastes contained in the 
disposal site shall be transferred to 
the agency upon transfer of the li- 
cense to the custodial agency or upon 
termination of the License. 

(f) Following receipt and 
acceptance of a shipment of waste, 
the Licensee shall record the date of 
receipt and disposal of the waste, the 
location in the disposal site, the con- 
dition of the waste packages as re- 
ceived, any discrepancies between 
materials listed on the manifest and 
those received, and any evidence of 
leaking or damaged packages or radi- 
ation or contamination levels in ex- 
cess of hmits specified in U.S. 
Department of Transportation and 
agency rules. The hcensee shall 
briefly describe any repackaging op- 
erations of any of the waste packages 
included in the shipment, plus any 
other information required by the 
agency as a license condition. 

(g) Each hcensee authorized to 
dispose of waste received from other 
persons shall file a copy of its fman- 
cial report or a certified fmancial 
statement annuaUy with the agency 
in order to update the information 
base for determining fmancial quali- 
fications. 

(h) Each licensee authorized to 
dispose of waste materials received 
from other persons pursuant to this 
Section shall submit annual reports 
to the agency in accordance with 
Subparagraphs (h)(1) through (h)(4) 
of this Rule. 

(1) Reports shall be submitted by 
the end of the first calendar 
quarter of each year for the pre- 
ceding year. 

(2) If the quantities of radioactive 
materials released during the re- 
porting period, monitoring re- 
sults, or maintenance performed 
are significantly different from 



NORTH CAROLINA REGISTER 



235 



PROPOSED RULES 



those expected in the materials 
previously reviewed as part of 
the licensing action, the report 
shall co\er this specifically. 
(3) The reports shall include: 

(A) specification of the 
quantity of each of the princi- 
pal radionuchdes released to 
unrestricted areas in liquid and 
in airborne effluents during 
the preceding year; 

(B) the results of the 
environmental monitoring 
program: 

(C) a summary of hcensee 
disposal unit survey and 
maintenance activities, includ- 
ing location of each discrete 
waste shipment or portion 
thereof; 

(D) a summary, by waste class, 
of activities and quantities of 
radionuclides disposed of: 

(E| any instances in which 
observed site characteristics 
were significantly different 
from those described in the 
application for a hcense: and 
(F) an>' other information the 
agency may require, 
(i) ,-Vn>' transfer of radioacti\'e 
materials by the hcensee is subject to 
the requirements in Rule .2-W3 of this 
Subchapter. 

Statutorv Authoritv G.S. I04E-7; 
l04E-9(3); /04E-/2; I04E-15. 

3339 TESTS ,\T L.WD DISPOSAL 
FACILITIES 

Each licensee shall perform, or 
permit the agency to perform, any 
tests the agency deems appropriate 
or necessary for the administration 
of the Rules in this Section, including 
tests of: 

(1) wastes and facilities used for 
the receipt, storage, processing, 
handling, and disposal of wastes; 

(2) radiation detection and 
monitoring instruments; and 

(3) other equipment and devices 
used in connection with the re- 
ceipt, possession, handling, proc- 
essing, storage, or disposal of 
waste. 



Siatulorv Auihorilv 
l04E-l6(b). 



G.S. J04E-7; 



.3340 AGENCY INSPECTIO.NS OF 



LA.ND DISPOSAL FACILITIES 

(a) Each hcensee shall afford to 
the agency at all reasonable times 
opportunity to inspect: 

( 1) waste not yet disposed of; 

(2) the premises, equipment, 
operations, and facilities in 
which wastes are received, pos- 
sessed, handled, treated, stored 
or disposed of; and 

(3) records kept by the hcensee 
pursuant to the appUcable Rules 
in this Subchapter. 

(b) Authorized representatives of 
the agency may copy and take away 
copies of, for the agency's use, any 
record required to be kept pursuant 
to provisions of this Section. 

Statutory Authoritv G.S. I04E-7; 
104E-I0(bi; l04E-'ll; I04E-I2. 

3341 INSPECTION 

(a) The agency may require at any 
disposal site that the hcensee provide 
appropriate office and storage space 
for a resident inspector who is em- 
ployed by the agency. 

(b) The agency may require the 
hcensee to refuse acceptance of low- 
level radioactive waste from any gen- 
erator, if the agency makes one or 
more of the foUowing determinations: 

(1) the generator has shipped 
waste to the hcensee's facihty 
without filing the manifest re- 
quired in Rule .2528 of this 
Subchapter: 

(2) the generator has improperly 
described waste in a manifest 
contran' to the requirements in 
Rule .2528 of this Subchapter: 

(3) the generator has shipped to 
the hcensee's facihty waste which 
is prohibited by an)' Rule in this 
Subchapter or by condition of 
the site operator's hcense; 

(4) the generator has shipped to 
the hcensee's facihty improperly 
labeled or packaged containers 
of waste; or 

(5) the generator has failed to 
comply w ith apphcablc Rules in 
this Subchapter. 

(c) In ihe event that the agency 
prohibits the hcensee from receiving 
waste from any generator pursuant to 
Paragraph (b) of this Rule, the 
agency shall notif\' the hcensee and 
the generator both \erbahy and in 
writing, stating the nature and basis 



256 



\ORTH CAROLIXA REGISTER 



PROPOSED RULES 



for the prohibition, the corrective 
actions required to terminate the 
prohibition and the rights of the af- 
fected persons regarding the prohibi- 
tion. 



.0901: .0925; .0927; .1109; .1114; and 
.1116; .1119; .1205; IOC .03I2-.0313; 
.03/7; .032I-.0325; lOD .0903; /OF 
.0029; .0032:0034; .0039; .004/; 12 
.0239. 



Statutory Authority G.S. /04E-7; 
/04E-I0(b); /04E-//: /04E-/2. 

.3342 NOTIFICATION'S AND 
RKPORTS 

(a) The licensee shall submit to 
the agency monthly reports of all 
containers or shipments of waste 
which arrive at the site and are found 
by licensee personnel to be in vio- 
lation of any provision of the Rules 
in this Subchapter. The monthly re- 
ports shall include the name, mailing 
address, telephone number, radioac- 
tive material license number, and de- 
scription and date of the violation; 
shall cover a period of one calendar 
month; and shall be submitted to the 
agency within 20 days after the end 
of the calendar month covered by the 
report. 

(h) The licensee shall immediately 
notify the agency in the event that the 
licensee determines that the limits 
imposed in Subparagraph (b) of Rule 
.3323 of this Subchapter have been 
exceeded. 

(c) The Licensee shall notify the 
agency with 24 hours after the 
licensee determines that off-site mi- 
gration of disposed radioactivity has 
occurred. 

(d) The licensee shall notify the 
agency within 30 days after the 
Ucensee determines that on-site mi- 
gration in ground water of disposed 
radioactivity has occurred along with 
an explanation of the remedial 
actions taken in accordance with ap- 
plicable requirements in this Section. 

(e) The hcensee shall also notify 
the agency in accordance with appli- 
cable requirements in Section .2500 
of this Subchapter. 



Statutory Authority G.S. 
104E-9(3); /04E-/0(b). 



/04E-7; 



Notice is hereby given in accordance 
with G.S. /50B-/2 that The Division 
of Health Services intends to adopt, 
amend and repeal regulations cited as 
/O NCAC 7 A .020S: 7B .02//: .0330; 
.0335; 7F .0/07; SB .0S0/-.0S02; SF 
.020,3; /OB .0626; .0732; .080/; 



The proposed effective date of this 
action is December /, /987 and Janu- 
ary /, /988. 

The public hearing will be conducted 
at /:30 p.m. on August /9, /987 at 
Highway Building, Auditorium (First 
Floor), I South Wilmington Street, 
Raleigh, North Carolina. 

Comment Procedures: Any person 
may request information or copies of 
the proposed rules by writing or call- 
ing John P. Barkley, Agency Legal 
Specialist, Division of Health Services, 
P. a. Box 209/, Raleigh, North 
Carolina 27602-209/, (919) 

733-3/3/ . Written comments on these 
subjects may be sent to Mr. Barkley 
at the above address. Written and 
oral (for no more than ten minutes) 
comments on these subjects may be 
presented at the hearing. Notice 
should be given to Mr. Barkley at least 
three days prior to the hearing if you 
desire to speak. 

CHAPTER 7- HEALTH: 
EPIDEMIOLOGY 

SUBCHAPTER 7A - ACUTE 
COMMUNICABLE DISEASE CONTROL 

SECTION .0200 - CONTROL MEASURES 
FOR COMMUNICABLE DISEASES 

.0208 HANDLING AND 

TRANSPORTATION OF BODIES 

(a) It shall be the duty of the phy- 
sician attending any fatal case of 
smallpox, plague, AIDS, hepatitis B, 
rabies, or Jakob-Creutzfeldt disease 
to alert provide written notification 
to all individuds handling such body 
oT the proper precautions to prevent 
infection resulting from handling of 
the body. These precautions are 
noted in (b) and (c) of this Rule. 

(c) Persons handling bodies of per- 
sons dying with AIDS, hepatitis B, 
Jakob-Creutzfeldt disease, or rabies 
shall be notified provided written no- 
tification to observe blood and body 
fluid precautions. 

Statutory Authority G.S. I30A-/44. 



NORTH CAROLINA REGISTER 



237 



PROPOSED RULES 



SLBCIIAPTEU 7|{ - IIIGIIWAY SAFETY 

SECTION .0200 - BLOOD ALCOHOL 
TEST REGULATIONS 

.0211 REVOCATION OF PERMIT 

(c) A«y biooj analyst whose par- 
nut ka^ been rc\'okcd may appeal 
such action . All requests i^^ appeal 
shall he by wntten petition anU shall 
be submitleJ to; I^ireetor , l)i\ision 
oi Health .Sen , ices , i2, O. Bo* 2m\ , 
Raleiah , X, a ZimL Aii appeals 
shall be eondueted i» aceordance 
with Gr S.-b50A^ 40 NCAC 4&r aad 
u4tb -li) NCAC -UL 



Statutory Authority 

(b). 



G.S. 20-139.1 



SECTION .0300 - BREATH ALCOHOL 
TEST REGULATIONS 

.0330 REVOCATION OF PERMIT 

(a) If the director receives unfavor- 
able information concerning the 
character or abihty of any permittee, 
he shall direct an investigation to be 
made. If the director determines, af- 
ter investigation, that the permittee 
would no longer be eligible to be 
granted an initial permit or renewal 
permit, he shall suspend or re\oke 
the permit using the same procedures 
that are used for suspension or revo- 
cation of permits in G_ S^ L^OA-23. 

(b) Xhti- director shall send a notice 
of revocation ta the permittee by 
registered mail, asd the pennit in the 
possession of tlie- permittee shall be 
re\oked at. midnight of the d^y the 
notice of revocation u^a* mailed and 
shall be immediately surrendered 
upon receipt of notice of revocation- 
Appeals concerning the interpretation 
and enforcement of the Rules in this 
Section shall be made in accordance 



with G. S 



15l)B and 10 NCAC IB. 



(e4 Afty permittee whose permit ba^i. 
been re\oked tftay appeal such 
action . All requests itM appeal shall 
be by written petition aftd shall be 
submitted to; Director , Division of 
Health Service , R, Q, Bo* 2004, 
Raleigh, iv. C 21M2. All appeals 
shall be c(Miducted ift accordance 
U4tb G, S^ f^OA, UX NCAC 4B. aad 
U444^ 4fl NCAC -bB. 

SlaiutotT Authoritv G.S. 20-139.1 
(b). 

.0335 BREATH-TESTING 



INSTRUMENTS: REPORTING 
OF SEQUENTIAL TESTS 

(a) The standards for the approval 
of breath-testing instruments are as 
follows: 

(3) Pending reassessment of the 
criteria for approval of breath- 
testing instruments that utili<ie 
infrared technolog\', there is a 
moratorium on the placing of 
new instruments utilizing that 
teehnolog>^ into service on or af- 
ter Januar>' 1, 1986. Individual 
infrared instruments placed into 
service before January 1, 1986, 
may continue to be used in ac- 
cordance with the succeeding 
Rules in tliis Section applicable 
to them. Unless this Paragraph 
is earlier amended or repealed, 
the moratorium lasts until Janu- 
ary 1 , ias& 1989. The models 
of instruments subject to the 
moratorium are: 

Statutory Authoritv G.S. 20-139.1 
(b). 

SUBCHAPTER 7F - VETERINARY 
PUBLIC HEALTH 

SECTION .0100 - VETERINARY PUBLIC 
HEALTH PROGRAM 

.0107 APPROVED RABIES VACCINES 

The following rabies vaccines are 
approved for use in animals in this 
State: 

(22) Dura-Rab 3 (ImmunoMed) 

Statutory Authority G.S. /30A-/85. 

CHAPTER 8 - HEALTH: PERSONAL 
HEALTH 

SUBCHAPTER 8B - MATERNAL AND 
CHILD HEALTH 

SECTION .0800 - KINDERGARTEN 
HEALTH ASSESSMENTS 

.0801 HEALTH ASSESSMENTS 

(a) Evepv" child in this state entering 
kindergarten in the public schools 
shall receive a health assessment pur- 
suant to G. S. 130A-440. 

(b) The health assessment shall be 
reported on a health assessment 
transmittal form provided by the lo- 
cal education agency and shall in- 
clude at least the following: 

(1) identif\ing information for 
the child, including name, ad- 
dress, and parents' names; 



238 



.\ORTH CAROLLXA REGISTER 



PROPOSED RILES 



(2) a listing of any significant 
medical conditions, disabilities, 
or allergies determined by the 
medical history or the physical 
examination; 

(3) screenings for vision and 
hearing; 

(4) testing for anemia and 
tuberculosis, if the health care 
provider considers such tests to 
be appropriate; 

(5) a listing of medications the 
child takes on a regular basis; 
and 

(6) a listing of special health 
considerations or services needed 
for the child during school 
hours. 

(c) The health care provider may 
include the results of a developmental 
screening. 

Statutory Authority G.S. /30A-440; 

I30A-443. 

.0802 REPORTING 

(a) Local education agencies shall 
provide health assessment transmittal 
forms to: 

(1) parents or guardians of 
children enrolling in 
kindergarten; and 

(2) local health care providers, 
upon request by the provider. 

(b) The health care provider shall 
submit health assessment results to 
the school principal on the health 
assessment transmittal form. 

(c) Access to health assessment 
transmittal forms shall be limited to 
principals, teachers, school nurses, 
public health nurses, and school psy- 
chologists. Other school personnel 
may have access to the transmittal 
forms on a case by case basis if they 
have written authorization from the 
school principal. These forms may 
also be released pursuant to court 
order or the written consent of the 
parent or guardian. 

Statutory Authority G.S. I30A-44I; 
I30A-443. 

SUBCHAPTER 8F - SICKLE CELL 

SYNDROME: GENETIC COUNSELING: 

DEVELOP.MENTAL DISABILITIES 

BRANCH 

SECTION .0200 - SICKLE CELL 
CONTRACT FUNDS 



.0208 ALLOCATION OF FUNDS 

(b) New monies wiU bi^ distributed 
based on » statewide plan developed 
by tb« Program i» accordance with 
th« following ; 

(44 Population at risky 
(2) Scnice dchi . 'cn i. gaps i» 

gi%cn localities ; 
{^ Actual utilaation oi funds 
i» prc\ious fiscal years , s poci a l 
population groups, and other 
management considerations th^ 
relate t© a provider's ability t» 
cfTectivcly and efficiently use ad> 
ditional funds . 
(b) New funds shall be distributed 
based on the following consider- 
ations: 



(1) One-half of the weight 

shall be given to the incidence 
of sickle cell disease in the con- 
tractor's service area as a per- 
centage of the incidence of sickle 
cell disease in all contractors' 



service areas. 1 he incidence of 
sickle cell disease in all contrac- 
tors' service areas shall be con- 



sidered to be one per two 
hundred ninety-four of the non- 
white population: 

(2) One-quarter of the weight 
shall be given to the total rural 
population in the contractor's 
service area as a percentage of 
the rural population in all con- 
tractors' service areas. Rural 
population shall be that deter- 
mined by the most recent official 
U.S. census; 

(3) One-quarter of the weight 
shall be given to the square miles 
in the contractor's service area 
as a percentage of all square 
miles in all contractors' service 
areas. 



Statutoiy Authority G.S. I30A-I24. 

CHAPTER 10 - HEALTH SERVICES: 
ENVIRONMENTAL HEALTH 

SUBCHAPTER 108 - SHELLFISH 
SANITATION 

SECTION .0600 - SANITATION OF 

THE OPERATION OF SCALLOP 

SHUCKING: PACKING: AND 

REPACKING 

PLANTS 

.0626 APPEALS PROCEDURE 

Appeals shall be conducted in ac- 
cordance with G. S. 150 A B and 



NORTH CAROLINA REGISTER 



239 



PROPOSED RILES 



with 10 NCAC IB. Appeals skiU 
be directed Xo- tb« State I lealth Di- 
rector , Division of Health Scr\-iccs , 
i>, O, Boa 24m^ Raleigh , i^-mih 
Carolma 27602 . 2091 . 

Statutory Avthority G.S. I30A-230. 

SKCTION .0700 - HANDLING: PACKING: 
ANDSIIIPI'ING OF CRUSTACEA MIIAT 

.0732 APPEALS PROCEDLKE 

Appeals shall be conducted in ac- 
cordance with G. S. 150 A B and 
with 10 NCAC IB. Appeals sOwU 
be directed ta the State Health Di- 
rector , Di\ision oi I Icalth Services , 
B, £X Bo* 20au Raleigh, North 
Carolina 27602 . 2091 , 

Statutory Authority G.S. I30A-230. 

SECTION .0800 - SAMTATIOiN OF 
SHELLFISH - GENERAL 

.0801 DEFINITIONS 

(25) "Wet storage" means the 
temporar>' storage of shellstock 
from permitted of approved 
sources, in approved natural sea 
water. 

Statutory Authority G.S. I30A-230. 

SECTION .0900 - SANITATION OF 

SHELLFISH - GENERAL OPERATION 

STANDARDS 

.0901 APPLICABILITY OF RULES 

The Rules in this Section shaU ap- 
ply to the operation of all facilities 
and persons permitted in Rule .0802 
and all other businesses and persons 
that buy, sell, transport, or ship 
shellfish. 

Statutory Authority G.S. I30A-230. 

.0925 TAGGING 

(a) In order that information may 
be available to the division with ref- 
erence to the origin of shellstock, 
containers holding shellstock shall be 
identified with a uniform tag or label. 
If shellstock is sold directly to the 
final consumer, the permitted dealer 
must display its name, address, and 
permit number in full view of the 
buying public, in lieu of individual 
shipping tags. If shellstock is to be 
resold or sold to a commercial estab- 
lishment, each individual package 



must shall be labeled or tagged with 
the required information. 

(d) AH sheUstock from a depuration 
plant facility must be identified as 
having been cleansed by a depuration 
plant facility identified attested by a 
name and permit number on the tag. 

Statutory Authority G.S. 130A-230. 

.0927 SHELLSTOCK STORAGE 

Shellstock held in wet or dry storage 
must be kept so that they will not 
become adulterated. All shellstock 
held in dry storage during the months 
of April through October, inclusive, 
shall be kept under mechanical re- 
frigeration at a temperature of 50° F 
(10° C) or below. Refrigeration 
rooms and trucks shall be equipped 
with operating theromcters . All re- 
frigerated shellstock storage areas 
shall be equipped with an operating 
thermometer. 

Statutory Authority G.S. I30A-230. 

SECTION .1100- OPERATION OF 

SHELLFISH SHUCKING AND PACKING 

PLANTS AND REPACKING PLANTS 

.1109 SANITIZING EQUIP.MENT 

Washing and sanitizing facihtics, in- 
cluding a three-compartment wash 
sink of adequate size to wash the 
largest utensils a«d pot* used in the 
plant shall be pro\ided in a section 
of the plant convenient to the work 
areas. The sink shall be kept in good 
repair. Permanent hot and cold wa- 
ter connections, with combination 
supply faucets, shall be instaUed so 
that all vats may receive hot and cold 
water. Either steam, hot water, or a 
sanitizing solution shaO be used to 
sanitize utensils and equipment. 

Statutory Authority G.S. I30A-230. 

.1114 CONTAINERS 

(c) Any container of shucked 
shellfish which has a capacity of more 
than 64 fluid ounces shaU be dated 
as of the date packed shucked on 
both the lid and sidewall or bottom. 
yVny container of shucked shellfish 
which has a capacity of 64 fluid 
ounces or less shall indicate a SELL 
BY date. 

Statutory Authoritv G.S. I30A-230. 



240 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



.1116 SHELLFISH FREEZING 

(a) If shellfish are to be frozen, they 
shall be frozen within three days of 
shucking and packing and the pack 
shucked date shall be preceded by the 
letter (F). 

Statutory Authority G.S. J30A-230. 

.1119 REPACKING OF SHELLFISH 

(e) Containers with a capacity of 
64 fluid ounces or less in which 
shucked shellfish are repacked shall 
indicate a SELL BY date preceded 
by the letter R. Containers with a 
capacity above 64 fluid ounces in 
which shucked shellfish are repacked 
shall be dated to show the original 
packing shucking date and repacking 
date, which will be preceded by the 
letter (R). 

Statutory Authority G.S. I30A-230. 

SECTION .1200 - OPERATION OF 

DEPURATION (MECHANICAL 

PURIFICATION) FACILITIES 

.1205 FACILITY OPERATIONS 

(c) Culling. All untreated 

shellstock prior to, or upon arrival at 
the facility, shall be thoroughly in- 
spected and culled. All dead shUfish, 
or shellfish in broken or cracked 
shells shall be disposed of in a man- 
ner approved by the division. The 
owner or supervdsor operator shall be 
held responsible for suitable culling, 
and for the removal and disposal of 
dead shellfish or shellfish in broken 
or cracked sheUs after depuration. 

Statutory Authority G.S. I30A-230. 

SUBCHAPTER IOC - SOLID WASTE 
AND VECTOR CONTROL 

SECTION .0300 - SANITATION OF 
BEDDING 

.0312 DEFINITIONS 

The following definitions shall apply 
throughout these Rules unless other- 
wise specified; 
(4) "Bedding" means any- mattress , 
upholstered spring , sleeping bagy 
pad , comforter, cushion, pillow 
and any other item used princi - 
pally iof. sleeping . Thk definition 
includes only- those items which 
Hj Ix^c ft thickness of m ore th^n one 
inch . This definition ak(» ffi- 
cludcs dual purpose furniture 



such as studio couches and sofa 
beds . The term "mattress" does 
nal include water bed liner , 
bladders m: cylinders but docs in- 
elude padding et- cushioning ma- 
tcrial whcih has a thicloicss of 
more than one inch, "Chief Fi- 
nancial Officer" means the officer 
or employee with primary book- 
keeping responsibility for a busi- 
ness that manufactures or 
sanitizes bedding in this state or 
manufactures bedding to be sold 
in this state. 

(2) "Person" means an individual, 
corporation, company, partner- 
ship, or other legal entity. 

P^ "Previously Used Material" 
mean s any material of which pie- 
vious use has been made , but 
manufacturing processes shall not 
be considered previous use, 

(4) "Renovate" means the 

reworldng &!■ remaking of used 
bedding &i. the mailing of bedding 
from pre\iously used materials, 
except for the renovator's own 
personal use »(■ the use of the 
renovator's immediate family . 

{S} "Sanitize" means treatment 
of secondhandbedding of- previ - 
ously used materials ta be used in 
renovating for the destruction of 
pathogenic microorganisms and 
orthropods and the removal of 
dipt and filth. 

(4) "Secondhand Bedding" means 
any bedding o;^ which prior use 
has been made . 

(5^ "Sell" OP "Sold" means seUy 
have to seUr ^ve away in con - 
nection with a sale , dchvcn , ' of 
consignment ; of possess with in- 
tent to seUy deliver op consign in 

Statutory Authority G.S. I30A-273. 

.0313 SANITIZING (REPEALED) 

Statutory Authority G.S. I30A-273. 

.0317 TAGGING OF SECONDHAND 
AND RENOVATED BEDDING 
(REPEALED) 

Statutory Authority G.S. 130A-273. 

.0321 LICENSE FEES AND 
APPLICATIONS 

(a) Stamp exemption permits shall 
be issued to manufacturers of 



NORTH CAROLINA REGISTER 



241 



PROPOSED RULES 



bedding meeting the requirements oi 
CiS, 130 A . 269(c) ©f (4), Applica - 
tions shall contain the information 
required by Ci^ 13 (l A - 2<SQ(h) , excep t 
a^ pro\ided by Paragraph (e) ©f tbi* 
Rule , Applications for a License shall 
he on a form provided by the division 
and shall mclude the following inibr- 
mation: 

(1) the name of the business: 

(2) the physical address for the 
plant or operation; 

(3) the name, title, mailing 
address and telephone number 
for the contact person for the li^ 
cense; and 

(4) the type of bedding items 
the business manufactures. 

(b) U \hii applicant s statement sei^ 
Qy ^ tfiG total number of beo dinc un its 
produced during tb« preceding calcn - 
dar year , it. shall uot be neccssaP i' ief- 
the appUcant ta ^jA qvX \v\\aX pro- 
portion ei thai total vuas manufac - 
tured inside ©f outside of North 
Carohna, m- which ea«a th« eo^ ei 
tb^ stamp exemption permit u4U be 
determim ^ ss, ii the total production 
u-as manufactured m North Carolina . 
A certified public - accountant must 
certify The applicant shall submit a 
verification from the applicant s chieT 
fmancial officer that he has examined 
the records of the apphcant and that 
the information pro\ided in accord- 
ance with G.S. 130A-269(h) correctly 
reflects the information contained in 
the records of the applicant. How- 
ever, if the division has reason to be- 
lieve that the information provided is 
incomplete, misleading or incorrect, 
the division may require the applicant 
to obtain a certification of the re- 
quired information by an independ- 
ent Certified Public Accountant 
licensed to pr actice in North 
Carolina. 



(c) Applicants uit© d© R©t. meet tbe 
requirements ©f G^ 130A - 269(c) 
but desire t© exercise the option ©f 
pre - paying fof a stamp exemption 
pennil in Xho- initial ye^^ ©f operation 
are Rot required t© pro\ide the infor - 
mation required by G . S , 13flA - 269(h) 
f©F the initial yea? ©f application . 
Ihese applicants must pay stamp e*- 
emption amounts , depending oh the 
quarter ©f application , in the follow - 
iog manner ; First Quarter applica - 
tions, se\en hundre d and tucntv 



dollars ($720 . 00) ; Second Quarter 
applications , (Ive hundred and forty 
dollars ($5 4 . 00) ; Tbird Quarter ap- 
plications , three hundred ami sixty 
dollars ($360 . 00) ; ©f Fourth Quarter 
applications, ©nc hundred and eighty 
dollars ($180 . 00) . License fees may 
be paid in full on March \_ of each 
year or in quarterly installments on 
■March \^ June f, September f, and 
December ]_ of each \car. Applicants 
who have not operated for a fuO cal- 
endar year may owe additional fees 
or be due a refund for the first year's 
operation, depending on the business 
volume eligible for stamp exemption 
fee payment. Application forms for 
making the determination of fee pay- 
ment owed or refunded shall be fur- 
nished by the Division of Health 
Services. When the requirements of 
G.S. 130A-269(c) can be met, the 
option described by G.S. 
130A-269(d) will no longer be a\'ail- 
able to the applicant. 

(d) Applicants who have gone out 
of business in the initial year of their 
operation and who ha\e paid the 
stamp exemption permit License fee 
in accordance with G.S. 13t)A-269(d) 
may apply for a refund for the re- 
mainder of the calendar year upon 
providing ccrt . ified verified proof of 
the bedding units sold or manufac- 
tured in North Carolina during the 
operating portion of the calendar 
year. 

(e) All forms may be obtained from 
the North Carolina Division of 
Health Services, Vector Control 
Branch, P. O. Box 2091, Raleigh, 
NC 27602. 

Statutory Authority G.S. J30A-269; 
BOA- 27 3. 

.0322 CANCELATION OF LICENSES 

Stamp exemption permit numbers 
A hcense shaU be issued to persons 
manufacturing or sanitizing bedding 
in this state or manufacturing 
bedding to be sold in this state in ac- 
cordance with G.S. 130A-269. When 
the person to whom the stamp e*- 
emption permit number license was 
issued goes out of business, the stamp 
exemption permit number license 
shall be canceled. Upon submission 
of proof that a refund is owed to the 
person going out of business, and a 



242 



NORTH CAROLISA REGISTER 



PROPOSED RULES 



determination by the division that a 
refund is owed, a refund shall be 
made by the Division of Health Ser- 
vices. When the person's status h«i» 
changed due t» selling the business 
Of. acquisition by- other means of by 
restructuring the former organization , 
a nc^vly issued stamp exemption per- 
rri it nuffi pg]" Yyi^j \}Q, usccj With thc ^c^v 
registration number required by Rule 
, 0319 of thi» Section , 

Statutory Authority G.S. J30A-269; 
1 30 A- 273. 

.0323 DURABLE MATERIALS FOR 
TAGS 

Identifying tags shall be of linen, 
mushn, or other durable cloth mate- 
rial which wiU not flake when 
abraded. Paper or plastic face tags 
shall not be allowed. ^ b<^ shaU tbey 
be approved fof u*e» Tags shall be 
printed or stamped on one side only 
in fast black letters. Tags shall be so 
located that the information con- 
tained thereon is completely visible 
tn the purchaser at all times and shall 
be securely sewed to the pillows, 
mattresses, sleeping bags, comforters, 
and other articles of bedding. The 
labeling requirements of another 
governmental unit may appear on the 
tag. 

Statutory Authority G.S. 130A-273. 

.0324 EFFECTIVE DATE OF 
LICENSES 

The stamp exemption permits li- 
censes issued pursuant to these Rules 
shall be valid from the fu-st day of 
March of any calendar year through 
the last day of February of the fol- 
lowing calendar year, except for par- 
tial year stamp exemption permits 
hcenses issued in accordance with 
G.S. 130A-269(d). However if t_he 
hcense fee or an installment of the li^ 
cense fee has not been paid by the 
due date, the license shall be invalid 
and the dhision may prohibit sale 
pursuant to 130A-271. 

Statutory Authority G.S. J30A-269; 
I30A-27I; I30A-273. 

.0325 VIOLATIONS (REPEALED) 

Statutory Authority G.S. I30A-273. 
SUBCHAPTER lOD - WATER SUPPLIES 



SECTION .0900 - SUBMISSION OF 

PLANS: SPECIFICATIONS: AND 

REPORTS 

.0903 SUBMISSION'S REQUIRED BY 
ENGINNER AND WATER 
SUPPLIER 

Detailed plans and specifications for 
community water s\stcm facilities 
systems shall be prepared by a pro- 
fessional engineer licensed to practice 
in the State of North Carolina. The 
plans shall bear in amprint of the 
registration seal of the engineer. 
Upon completion of the construction 
or moditication of the community 
water system, the water supplier shall 
submit a statement signed by a regis- 
tered professional engineer and af- 
fixed with his professional 
engineering seal stating that con- 
struction was completed in accord- 
ance with approved plans and 
specifications and revised only in ac- 
cordance v.ith the provisions of .0906 
of this Section. The statement shall 
be based upon periodic observations 
during and upon completion of con- 
struction by the engineer or a repre- 
sentative of the engineer's otTice who 
is under the engineer's super\ision. 

Statutoty Authority G.S. I30A-3I5; 
I30A-3I7; P. L. 93-523. 



SUBCHAPTER lOF - HAZARDOUS 
WASTE MANAGEMENT 

.0029 IDENTIFICATION AND 

LISTING OF HAZARDOUS 
WASTES - PART 261 

(a) The general provisions con- 
tained in 45 Fed. Reg. 33,119 to 
33,121 (1980) (to be codified in 40 
CFR 261.1 to 261.6 (Subpart A)] 
have been adopted by reference as 
amended by 45 Fed. Reg. 72,028, 
72,037, 76,620, 76,623, 76,624, and 
78,531 (1980); 46 Fed. Reg. 56,588, 
56,589, 47,429, 44,972, and 44,973 
(1981); 48 Fed. Reg. 2,532, 14,293, 
14,294, and 30,115 (1983); 49 Fed. 
Reg. 23,287, and 44.980 (1984); and 
50 Fed. Reg. 663, 664, 665, 1,999, 
14,219, 28,743, 28,744, 49,202, 
49,203, and 33,542 (1985); and 51 
Fed. Reg. 10,174, 10,175, 25,472, and 
28,682 (1986); and 52 Fed. Reg. 
11.821 (1987). 

(e) The "Lists of Hazardous 

Wastes" and the accompanying ap- 
pendices (I through X) contained in 



NORTH CAROLINA REGISTER 



243 



PROPOSED RULES 



45 Fed. Reg. 33,122 to 33,137 (1980) 
[to be codified in 40 CFR 261.30 to 
261.33 (Subpart D)| have been 
adopted by reference as amended by 
45 Fed. Reg. 72,032 to 72,034, 
74,890, 74,892, and 74,894 (1980); 46 
Fed. Reg. 78,529, 78,537 to 78,544, 
4,614 to 4,620 (1981); 49 Fed. Reg. 
5,312, 19,923 (1984); and 50 Fed. 
Reg. 662, 665, 2,000, and 28,744 
(1985). Supplemental material con- 
tained in 45 Fed. Reg. 47,833 and 
47,834 (1980); 46 Fed. Reg. 35,247 to 
35,249 (1981); and 48 Fed. Ree. 
14,294 and 15,256 to 15,258 (1983) 
have also been adopted by reference 
as amended by 50 Fed. Reg. 1999, 
2001, 2002, and 2003, 14,219, 42,942, 
and 42,943, and 53,319 (1985); and 
51 Fed. Reg. 2,702, 6,541, 6,542, 
5,330, 10,175, 19,322, 28,297 to 
28,309, 28,310, 28,682, and 33,612, 
37,728 and 37.729 (1986). 



Statutorv 
I30A-294(c). 



Authority 



G.S. 



.0032 



ST.WD.ARDS FOR OWNERS/ 
OFtR.VTORS OF HW.MF'S - 
PART 264 

(i) "Financial Requirements" con- 
tained in 46 Fed. Reg. 2,851 to 2,866 
and 7.678 (1981) [to be codified in 40 
CFR 264.140 to 264.151 (Subpart 
H)j have been adopted by reference 
as amended by 47 Fed. Reg. 15,047 
to 15,064 and 16,554 to 16,558, and 
32,357 (1982) and 48 Fed. Reg. 
30,115 (1983), and 51 Fed. Reg. 
16,447 to 16,451, 25,472, (1986), ex- 
cept that 40 CFR 264.143(a)(3), 
(a)(4), (a)(5), (a)(6), 40 CFR 
264.145(a)(3), (a)(4), (a)(5), (a)(6), 40 
CFR 264. 147(a), 40 CFR 264. 147(b), 
40 CFR 264.151(a)(1), Section 15, 
and 40 CFR 264.151(g), and 40 CFR 
264.151(a), (b^,(c),(d),(e).(0,(h),(l), 
and (i) are not adopted bv reference. 
(18) Section 264. 147(b) 'is amended 
by adding a new paragraph (6) to 
read as follows: 

(6) Use of multiple fmancial 
mechanisms. An owner or op- 
erator may demonstrate the re- 
quired Uability coverage by 
establishing more than one i\- 
nancial mechanism as specified 
in this section. These mech- 
anisms are limited to trust funds, 
surety bonds guaranteeing pay- 
ment into a trust fund, letters of 



credit, and insurance. The 
mechanisms must be as specified 
in paragraphs (1), (3), (4), and 
(5) of this section, except that it 
is the combination of the mech- 
anisms, rather than the single 
mechanism, which must provide 
fmancial assurance for liability 
coverage for an amount at least 
six million dollars (S6,000,000). 
If an owner or operator uses a 
trust fund in combination with 
a surety bond or a letter of 
credit, he may use the trust fund 
as the standby trust fund for the 
other mechanisms. A single 
standby trust fund may be 
estahshed for two or more 
mechanisms. The Branch may 
use any and all of the mech- 
anisms to provide for non sud- 
den accidental occurrences 
liability coverage for the facility. 
(19) Section 264.147 is amended by 
adding a new paragraph (h) to read 
as follows: 

(h) Corporate guarantee for 

liability coverage. 
(2) A Corporate guarantee may be 
used to satisfy the requirements 
of this section if it i* a legally 
valid and enforceable obligation 
ia tlie State &i North Carolma , 
only if the Attorney General(s) 
or insurance commissioner(s) of 
the state in which the guarantor 
is incorporated and the state(s) 
in which the facility(ies) covered 
bv the guarantee is (are) located 
tias (have) submitted a written 
statement to the branch that a 
corporate guarantee executed as 
described in this Section and 
Section 264.1 5 l(n) is a legally 
valid and enforceable obligation 
in that state. 
(22) Section 264.151 is amended by 
adding a new paragraph (k) to read 
as follows: 

(k)( 1) A trust agreement for a trust 
fund, as specified in Sections 
264.147(a)(3) or 264.147(b)(3) or 
265.147(a)(3) or 265.147(b)(3) 
must be worded as follows, except 
that instrucions in brackets are to 
be replaced with the relevant in- 
formation and the brackets deleted: 

TRUST AGREEMFNT 
Section 5. Payments Comprising 
the Fund. Pavments made to the 



244 



.\ORTH CAROLINA REGISTER 



PROPOSED RULES 



Trustee for the Fund shall consist 
of cash or securities ^ at other as- 
sets acceptable to the Trustee. 
(26) The following shall be substi- 
tuted for the provisions of 40 CFR 
264.151(g) which were not adopted 
by reference: 

(g) A letter from the chief financial 
officer, as specified in Sections 
264.147(f) or 265.147(f) of this 
chapter, must be worded as fol- 
lows, except that instructions in 
brackets are to be replaced with the 
relevant information and the 
brackets deleted: 

Part B. Closure or Post-Closure 
Care and Liability Coverage 
[FlU in Alternative I if the criteria 
of paragraphs (f)(l)(i) of Sections 
264.143 or 264.145 and (f)(l)(i) of 
Section 264.147 are used or if the 
criteria of paragraphs (e)(l)(i) of 
Sections 265.143 or 265.145 and 
(f)(l)(i) of Section 265.147 arc used. 
FLU in Alternative II if the criteria 
of paragraphs (f)(l)(ii) of Sections 
264.143 or 264.145 and (f)(l)(iJ) of 
Section 264.147 are used or if the 
criteria of paragraphs (e)(l)(ii) of 
Sections 265.143 or 265.145 and 
(f)(l)(u) of Section 265.147 are 
used.] 

ALTERNATIVE I 

1. Sum of current closure and 
post-closure cost estimates 
(total of all cost estimates 
Usted above) $ 

2. Amount of annua] aggregate 
liability coverage to be 
demonstrated $ 

3. Sum of lines 1 and 2 



4. Total liabilities (if 
any portion of your closure 
or post-closure cost estimates 
is included in your total 
liabilities, you may deduct 
that portion from this line 
and add that amount to 
lines 5 and 6) 



*5. Tangible net worth 

*6. Net worth 
*7. Current assets 

*8. Current liabihtics 



*10. The sum of net income plus 
depreciation, depiction, and 
amortization $ 

*1I. Total assets in U.S. 
(required only if less than 
90" of assets are located 
in the 
U.S.) 



YES NO 



12. Is line 5 at least $10 
million? 

13. Is line 5 at least 6 

times line 3? 

14. Is line 9 at least 6 

times line 3? 

*I5. Are at least 90" of assets 
located in the U.S.? If not, 
complete line 16. 

16. Is line 1 1 at least 6 
times line 3? 

17. Is line 4 divided by line 

6 less than 2.0'? 

18. Is line 10 divided by 
line 4 greater than 

0.1? 

19. Is line 7 divided by 
line 6 8 greater than 
1.5? 



Statutory 
I 30A- 294(c). 



Authority 



G.S. 



9. Net working capital (line 
7 minus line 8) $ 



.0033 INTERIM STATUS STANDARDS 
FOR HWMF'S - PART 265 

(h) "Financial Requirements" con- 
tained in 45 Fed. Reg. 33,243 and 
33,244 (1980) [to be codified in 40 
CFR 265.140 to 265.151 (Subpart 
H)] have been adopted by reference 
as amended by 46 Fed. Reg. 2,877 to 
2,888 (1981); 47 Fed. Reg. 15,064 to 
15,074 and 16,558 to 16,561 (1982); 
48 Fed. Reg. 14,295 and 30,115 
(1983); and 51 Fed. Reg. 16,455 to 
16,458, 25,479, (1986), except that 40 
CFR 265.143(a)(3), (a)(4), (a)(5), 
(a)(6), 40 CFR 265.145(a)(3), (a)(4), 
(a)(5), (a)(6), 40 CFR 265.147(a), 
and 40 CFR 265.147(b), are not 
adopted by reference. 
(18)Section 265.147 is amended by 
adding a new paragraph (h) to read 
as follows: 

(h) Corporate guarantee for 
liability coverage. 
(2) A corporate guarantee may 
be used to satisfy the require- 
ments of this Section if it is a 
legally valid an4 enforceable 
obHgation i» the State oi 
North Carolina only if the 



NORTH CAROLINA REGISTER 



245 



PROPOSED RULES 



Attorney Cjcncralfs) or insur- 
ance coiTUTussioncr(s) of the 
State in wliich the guarantor 
is incorporated and the 
State(s) in which the 
facilityfics) co\'cred by the 
guarantee is (are) located has 
(ha\e) submitted a wntten 



statement to the Bnuich that 
a corporate guarantee exe- 
cuted as dcscnbcd in this sec- 
tion and Section 2^4. 151in) is 
a legalK" \'alid and enforceable 
obhgation in that state. 
(k) The proMsions for "Surface 
Impoundments" contained in 45 Fed. 
Reg. 33,245 and 33,246 (1980) |to be 
codified in 40 CFR 265.220 to 
265.230 (Subpart K)]have been 
adopted h\ reference as amended in 
50 Fed. Res. 16,048 and 2S.749 
(1985). ; and''52 Fed. Reg. 8.708 and 
8,709 (19"S7). 



Slalutoiy AulhorilY 

l30A-294(c). 



G.S. 



.0034 INTKRIM ST.A TLS ST.AND.VRDS 
FOR PtRMITTlNG - F.\RT 270 

(d) The following provisions for 
additional permitting requirements 
contained in 48 Fed. Reg. 14,243 to 
14,245 and 30,1 14 ( 1983)"to be added 
|to be codified in 40 CFR 270 (Sub- 
part D, Changes to Permit)] have 
been adopted by reference as 
amended bv 50 Fed. Reg. 28.752 
(1985); and 51 Fed. RegT 16,458, 
16,459, and 40,653 ( 1986). ^ 



Statutory Authority 

130A- 294(c). 



G.S. 



.0039 RECVCL.A.BLE .M.\TERIALS - 
P.VRT 266 

(b) The following provisions for 
"Hazardous Waste Burned for Fn- 
ergy Recover,'" contained in 50 Fed. 
Reg. 667 aRd.'66S (1985) [to be codi- 
tW va 40 CFR 266.30 to 266.36 
(Subpart D)| ha\'e been adopted by 
reference as amended bv 50 Fed. Reg. 
14,220, 28,751, 33.543, 49.204. and 
49,205 (1985); and 52 Fed. Reg. 
11,821 (1987). 

(€4 (c) 'Fhe followmg provision for 
"Used Oil Burned for Energy 
Reco\crv " contained in 50 Fed. Reg. 
49,205, 49.206, and 49.207 (1985) [to 
be codrtled in 40 CFR 266.40 to 
266.44 (Subpart F)] have been 



adopted bv reference, as amended in 
52 Fed. Reg. 11,822 (1987). 

^ (d^ 1 he following Provision for 
Recyclable Materials Utilized for 
Precious Metal Reco\'er\' contained 
in 50 Fed. Reg. 667 (1985) [to be 
codified m 40 CFR 266.70 (Subpart 
F)] have been adopted by reference. 

(-d) (£2 The following Provisions for 
Spent Lead-Acid Batteries being re- 
claimed contained in 50 Fed. Reg. 
667 and 668 (1985) [to be codified in 
40 CFR 266.80 (Subpart G)| have 
been adopted h\ reference as 
amended \yw_ 50 Fed. Reg. 33.543 
(1985). 

Statutory Authority G.S. 

J30A-294(c). 

.0041 REQUIREMENTS: H.A.Z.VRDOLS 
WASTE PROGRAM - PART 271 

The following pro\isions for the 
"sharing of information" [to be codi- 
fied in 40 CFR 224a to 271. 17| have 
been adopted bv reference as 
amended bv 50 Fed. Reg. 28,754 
(1985) and 51 Fed. Reg. 10,176 and 
25,486 . 2S,6S5. 2^,431, 33.720, 
33 , 721 . aa4 33 , 722 ( 1986). 



Statutory 
l30A-294(c). 



Authority 



G.S. 



CHAPTER 12 - HEALTH: OFFICES OF 
LOCAL SER\ ICES 

SECTIO.N .0200 - STANDARDS FOR 
LOCAL HEALTH DEPART.MENTS 

.0239 FOOD: LODGING: AND 

INSTITUTIONAL SANITATION 

(a) A local health department shall 
provide food, lodging, and institu- 
tional sanitation services within the 
jurisdiction of the local health de- 
partment. A local health departmiCnt 
shall establish, implement, and 
maintain written poUcies which shall 
include; 

( 1 ) The frequency of 
inspections of food, lodging, and 
institutional facilities with the 
followmg being the minimum: 
Type of FstabUshment and 

Frequency 
Bed and breakfast homes - 
1 year; Cliild day-care facilities - 
1 year; Fducation food service - 
3 ' year: Institutions - 2 year; 
Local confmement facilities - 
1 vcar; Lodging - 2 \ ear 1 \ear 



246 



yORTH CAROLI.XA REGISTER 



PROPOSED RULES 



Mass gatherings > 2/gathcring 
Meat markets - 4/ycar; Migrant 
housing - 2/ycar; Mobile food 
units - 4/year; Private boarding 
schools and colleges - 2/year; 
Pushcarts - 4/ycar; Residential 
care facilities - 1/year; Restau- 
rants - 4/year; Restaurants, meat 
markets, summer camps which 
are closed for a period of 60 days 
or more - 1/3 months of opera- 
tion (or part thcrof); School 
lunchrooms - 3/year; Schools - 
1/year; Summer camps - 1/year; 
Temporary restaurants, food 
stands, or drink stands - 1/two 
weeks; Vending machine lo- 
cations - Representative number 
of locations/year. 

Statutory Authority G.S. I30A-9. 

Notice is hereby given in accordance 
with G.S. I50B-I2 that the Di\'ision 
of Mental Health, Retardation and 
Substance Abuse Services intends to 
amend regulation cited as 10 NCAC 
I4C .1145. 

The proposed effective date of this 
action is December J, 1987. 

The public hearing will be conducted 
at 1 1:00 a.m. on August 17, 1987 at 
Room 864, Albemarle Building, 325 
N. Salisbury Street, Raleigh, NC. 

Comment Procedures: Any interested 
person may present hisjher views and 
comments by oral presentation at the 
hearing or by submitting a written 
statement. Persons wishing to make 
oral presentations should contact: 
Jackie Stalnaker, APA Coordinator, 
Division of Mental Health, Mental 
Retardation and Substance Abuse 
Services, 325 N. Salisbury Street, 
Raleigh, North Carolina 27611, 
(919) 733-7971 by August 17, 1987. 
The hearing record will remain open 
for written comments for 30 days from 
July 16, 1987 through August 14, 
1987. Written comments must be sent 
to the APA Coordinator at the ad- 
dress specified above by August 14, 
1987. 

CHAPTER 14 - MENTAL HEALTH: 
GENERAL 

SUBCHAPTER 14C - GENERAL RULES 



SECTION .1 100 - STATE AND FEDERAL 
FUNDS ADMINISTERED 

.1145 DEVELOPMENTAL DAY CARE 
GRANTS-IN-AID 

(c) Children in whose behalf funds 
are administered to programs shall 
be: 

(1) moderately , severely , of- 
profoundly mentally retarded or 
infants at high risk for mental 
retardation for whom a disability 
specific diagnostic label of men - 
tal retardation is inappropriate 
prior to three years of age, as 
certified by a hcensed physician, 
and for whom a less restrictive 
program is not available; 

(2) between the ages of birth and 
19; and 

(3) residents of North Carolina. 
(d) Children who are moderately, 

severely or profundly mentally re- 
tarded or infants at high risk for 
mental retardation shall be given 
first priority for available funds. 
Preschool children who are mildly 
retarded may be ser\'ed if they meet 
the eligibility requirement specified 
in (£2 [3ji of tlxis Rule and it prior 
approval of the appropriate re- 
gional office is obtained. When 
non-matching social scr\ices block 
grant or other federal funds are 
utilized, children who are mildly 
mentally retarded &r otherwise de- 
velopmentaUy delayed or at risk for 
developmental delay disabled may 
be served if they meet the ehgibiLity 
requirements specified in (c) (2) 
and (3) of this Rule and if prior 
approval of the appropriate re- 
gional office is obtained. 

(d) [e^ To apply for develop- 
mental day care grant-in-aid funds 
an annual plan and budget for such 
funds shall be included in the ap- 
propriate area program's total an- 
nual plan and budget package 
when it is submitted to the appro- 
priate regional office of the divi- 
sion. 

(e) (f} Funds for developmental 
day care shaU be allocated among 
the regions of the division by the 
division director. 

(f^ (g) Disbursement of develop- 
mental day care grant-in-aid funds 
shall be made after approval of the 
plan and budget by the regional 
director. 



i\ORTH CAROUi\A REGISTER 



247 



PROPOSED RULES 



Statutory Authority G.S. I22C-1I2 
(a) (6): I22C-I3I: I22C-I47. 

Notice is hereby given in accordance 
with G.S. I50B-I2 that the Division 
of Medical Assistance intends to 
amend regulations cited as 10 NCAC 
26B .0201 (cj; .0207 (bj; and 26D 
.0012. 

The proposed effective dale of this 
action is December 1 , 1987. 

The public hearing will be conducted 
at 1:30 p.m. on August 14, 1987 at 
North Carolina Di\'ision of Medical 
Assistance, 1985 Umslead Drive, 
Room 201, Raleigh, N. C. 27603. 

Comment Procedures: Written com- 
ments concerning these amendments 
must be submitted by August 14, 1987 
to: Director. Dh'ision of Medical As- 
sistance, 1985 Umstead Drive, 
Raleigh, NC 27603. Oral comments 
may be presented at the hearing. 

CHAPTER 26 - MEDICAL SERVICES 

SUBCHAPTER 26B- MEDICAL 
SERVICES PROVIDED 

SECTION .0200 - DENTAL SERVICES 

.0201 DEFINITIONS 

(c) "Routine ser\'ices" means ex- 
aminations, x-rays, prophylaxis, 
non-surgical tooth extractions, 
amalgam fillings and flouride treat- 
ments. ITiese services are subject to 
the two times during a consecutive 
12-month period limitation, without 
prior approval. A dentist may pro- 
vide these Limited routine services to 
a new patient without reference to 
services that may have been per- 
formed previously by another dentist. 
However, bitewing. panorex and full 
series x-rays ha\e specific time re- 
strictions imposed that hmit these 
sen.'iccs. 

Statutory Authority G.S. 

l08A-25(b): I08A-54: S.L. 1985, c. 
479, s. 86; 42 CFR 440.100. 

.0207 GUIDELINES ON SERVICES 

(b) The routine radiogram neces- 
sary' to establish a diagnosis and 
treatment plan may be taken twice in 
a consecutive 12-month period be- 



ginning July 1 , of each year without 
prior approval. A full mouth series 
is allowed even,' three five years. 

Statutory Authority G.S. 

108A-25{b); JOSA-54; S. L. 1985, c. 
479, s. 86. 

SUBCHAPTER 26D - LIMITATIONS 

ON AMOUNT: DURATION: AND 

SCOPE OF ASSISTANCE 

.0012 TIME LIMITATION 

(^ Providers must iik adjustments 
Y \Q l ater than ISO da\"s 3f t cr d ate of 
payment Of adjustments wiU uoX be- 
made. 

^ [bj The limitation in this Rule 
may be waived by the Division of 
Medical Assistance when a delay in 
eligibility determination has made it 
impossible for the pro\'ider to file the 
claim within the 365 days provided 
for in (a) of this Rule. 

(4) (c) In cases where claims ©t ad- 
justments were not filed within the 
time limitations specified in (a) and 
(hj- of this Rule, and the provider 
shows failure to do so was beyond 
his control, he may make an admin- 
istrative appeal to the director of the 
Division of Medical Assistance. The 
Director of Medical Assistance is the 
fmal authority for administrative ap- 
peals. 



Statutory Authority 

108A-25(b); 42 CFR 447.45. 



G.S. 



Notice is hereby given in accordance 
with G.S. 150B-12 that the DMsion 
of Medical Assistance intends to 
amend regulation cited as 10 NC.4C 
26 H .0303. 

The proposed effective date of this 
action is December 1 , 1987. 

The public hearing will be conducted 
at 1:30 p.m. on August 14. 1987 at 
North Carolina Division of Medical 
.Assistance, 1985 i'mstead Drive, 
Room 201. Raleigh. N.C. 27603. 

Comment Procedures: Written com- 
ments concerning this amendment 
must be submitted by .August 14, 1987 
to: Director, Division of Medical As- 
sistance. 1985 Unutead Drive, 
Raleigh, N.C. 27603. Oral comments 
may be presented at the hearing. 



248 



.NORTH CAROLINA REGISTER 



PROPOSED RULES 



SUBCHAPTER 26H - REIMBURSEMENT 
PLANS 

SECTION .0300 - ICF-MR PROSPECTIVE 
RATE PLAN 

.0303 SPECIAL PAYMENT 

(g) A special payment in addition 
to the prospective rate shall be made 
in the year that any provider changes 
from the cash basis to the accrual 
basis of accounting for vacation leave 
costs. The amount of this payment 
shall be determined in accordance 
with Title XVIII allowable cost prin- 
ciples and shall equal the Medicaid 
share of the vacation accrual that is 
charged in the year of the change in- 
cluding the cost vacation leave earned 
for that year and all previous years 
less vacation leave used or expended 
over the same period and vacation 
leave accrued prior to the date of 
certification. The payment shall be 
made as a lump sum payment that 
represents the total amount due for 
the entire fiscal year. An interim 
payment may be made based on a 
reasonable estimate of the cost of the 
vacation accrual. The payment shall 
be adjusted to actual cost after audit. 

Statutory Authority G.S. 

l08A-25(b): I08A-54; IOSA-55; S.L. 
1985, c. 479, s. 86; 42 CFR Part 447, 
Subpart C. 

TITLE 12 - DEPARTMENT OF 
JUSTICE 

Notice is hereby given in accordance 
with G.S. I50B-I2 that the Private 
Protective Services Board intends to 
amend regulation cited as 12 NCAC 
7D .0401(a). 

The proposed effective date of this 
action is November 1 , 1987. 

The public hearing will be conducted 
at 12:00 p.m. on August 21, 1987 at 
McKimmon Center, Gorman Street 
at Western Boulevard, Raleigh, N. C. 

Comment Procedures: Any person 
wishing to propose changes must do 
so in writing 10 days prior to the date 
of the public hearing to: Air. Jim 
Kirk, N. C. Private Protective Services 
Board, P. O. Box 29500, Raleigh, N. 
C. 27626. 



CHAPTER 7 - PRIVATE PROTECTIVE 
SERVICES 

SUBCHAPTER 7D - PRIVATE 
PROTECTIVE SERVICE BOARD 

SECTION .0400 - PRIVATE 

INVESTIGATOR: 
COUNTERINTELLIGENCE 

.0401 EXPERIENCE REQUIREMENTS 
FOR A PRIVATE INVESTIGATOR 
LICENSE 

(a) In addition to the requirements 
of 12 N.C.A.C. 7D .0200, appHcants 
for a private investigator license shall 
meet the requirements of G.S. Chap- 
ter 74C-8(d)(3) ,and successfully 
complete an oral or written examina- 
tion deemed b^;^ the board to measure 
an individual's knowledge and com- 
petence as a private investigator. 

Statutory Authority G.S. 74C-5(2). 

TITLE 15 - DEPARTMENT OF 

NATURAL RESOURCES AND 

COMMUNITY DEVELOPMENT 



Notice is hereby gi\'en in accordance 
with G.S. 150B-12 that the Environ- 
mental Management Commission in- 
tends to adopt, amend, repeal 
regulations cited as 15 NCAC 2B 
.0217; 2H .0408; 2H .0409; 2H .1001 
-.1004. 

The proposed effective date of this 
action is January 1, 1988. 

The public hearing will be conducted 
at 7:00 p.m. on August 17, 1987 at 
College of the Albemarle, Bid. B- 
Room B-202, U.S. Hwy. 17 North, 
Elizabeth City, NC. At 7:00 p.m. on 
August 18, 1987, Craven Co. Com- 
munity Coll., C-Bldg. Room C-15, 
South Glenburnie at Coll. Ct., New 
Bern, NC. At 7:00 p.m. on August 
19, 1987, N.C. Aquarium, Fort Fisher, 
U.S. Hwy. 421, Kure Beach, NC. At 
1:30 p.m. on August 20, 1987, 
Archdale Bldg., Ground Fl. Hearing 
Rm., 512 N. Salisbury St., Raleigh, 
NC. 

Comment Procedures: All persons 
interested in this matter are invited to 
attend. Comments, statements, data, 
and other information may be submit- 
ted in writing prior to, during, or 



NORTH CAROLINA REGISTER 



249 



PROPOSED RULES 



within 30 days after the hearing or 
may be presented orally at the hear- 
ing. Oral statements may be limited 
to 3 minutes at the discretion of the 
hearing officer. For further informa- 
tion or the submission of written com- 
ments, contact Bill Kreutzberger, 
DEM. P. O. Box 27687, Raleigh, NC 
2761 1, (919) 733-50S3. 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER 
STANDARDS: MONITORING 

SECTION .0200 - CLASSIFICATIONS 

AND WATER QUALITY STANDARDS 

APPLICABLE TO SURFACE WATERS 

OF NORTH CAROLINA 

.0217 STORMWATER CONTROL 
CRITERIA TO PROTECT 
WATER QUALITY 
STANDARDS (REPEALED) 

Statuton' Authority G.S. J 43-2/4. J; 
l43-2l5.3{a)(l). 



degrade ambient water quality, ad- 
versely impact best usage or other- 
wise violate water quality standards. 
For these reasons, the goal of the 
commission is that the water quahty 
impacts of development activities be 
minimized to the extent practicable 
and in accordance with the provisions 
of this Section. In establishing this 
goal, the commission recognizes that 
the U.S. Environmental Protection 
Agency will be establishing permit 
requirements and best management 
practices for stormwater point 
sources pursuant to the Federal Wa- 
ter Pollution Control Act as 
amended. 

(b) The rules in this Section to 
control pollutants associated with 
stormwater runoff apply to develop- 
ment of land for residential, com- 
mercial, industrial, or institutional 
use but do not apply to land man- 
agement activities associated with ag- 
riculture or silviculture. 



SUBCHAPTER 2H - PROCEDURES FOR 
PERMITS: APPROVALS 

SECTION .0400 - COASTAL WASTE 
TREATMENT DISPOSAL 

.0408 DISPOSAL OF STORMWATER 
(REPEALED) 

Statutory Authority G.S. 143-214.1; 
143-215.3(a)(l). 

.0409 TRIAL IMPLEMENTATION 
PERIOD/COASTAL 
STORMWATER CONTROLS 

The provisions of 15 NCAC 2H 
.0408 shaU expire December U^ 1987 
Of en& yis^ from the effective date , 
whichever is latet December 31, 1988 
unless this Rule (15 NCAC 2H 
.0409) is specifically amended or re- 
pealed by the commission. 

Statutory Authority G.S. 143-215. 3(a) 

SECTION .1000 - STORMWATER 
RUNOFF DISPOSAL 

.1001 STORMWATER DISPOSAL 
POLICY 

(a) The increase in stormwater 
runoff associated with land develop- 
ment activities can substantially in- 
crease inputs of numerous pollutants 
to waters of the state over that wliich 
occurs in natural, undeveloped 
watersheds. The increased pollutant 
loading from stormwater runoff may 



Statutory' Authority G.S. 143-214.1; 
143-2l5.3(a)(l). 

.1002 DEFINITIONS 

The definition of any word or 
phrase in this Section shall be the 
same as given in Article 21, Chapter 
143 of the General Statutes of North 
Carolina, as amended. Other words 
and phrases used in this Section are 
defmed as follows: 

(1) De\elopment means any land 
disturbing activity which adds 
or changes the amount of 
impervious or partially 
imper\ious cover on a land area 
or which otherwise decreases the 
infdtration of precipitation into 
the soil thus altering the 
hydrological characteristics of 

/y 1 the area; 

(2) Drainage area or watershed 
means that area contributing 
runoff to a single point measured 
in a horizontal plane which is 
enclosed by a ridge line; 

(3) Infdtration systems mean 
stormwater treatment systems 
designed to allow runoff to pass 
or move (inliltrate) into the soil 
surface; 

(4) On-site stormwater system 
means the design and con- 
struction of systems necessar>' to 



250 



.\ORTH CAROLINA REGISTER 



PROPOSED RULES 



control stormwater within an 
individual development project; 

(5) Off-site stormwater system 
means the design and con- 
struction of systems necessary to 
control stormwater from more 
than one development which is 
owned and operated as a duly 
licensed utility or by a local 
government; 

(6) Built-upon area means that 
portion of an individual devel- 
opment project that is covered 
by impervious or partially 
impervious cover including 
buildings, pavement, recreation 
facihties, etc. but not including 
decking. 

(7) Redevelopment means any 
rebuilding activity following 
fires, hurricanes or other natural 
disaster or other public restora- 
tion projects designated by the 
commission; 

(8) Wet detention pond means a 
structure that provides for the 
storage and treatment of runoff 
and includes a permanent pool 
of water. 

(9) Coastal Counties include 
Beaufort, Bertie, Brunswick, 
Camden, Carteret, Chowan, 
Craven, Currituck, Dare, Gates, 
Hertford, Hyde, New Hanover, 
Onslow, Pamlico, Pasquotank, 
Pender, Perquimans, Tyrrell, 
and Washington; 

(10) Sedimentation/erosion 
control plan means any plan 
submitted to the Division of 
Land Resources or delegated 
authority in accordance with 15 
NCAC 4B .0005. 

(11) CAMA major development 
permit required by the Coastal 
Resources Commission accord- 
ing to 15 NCAC 7J Sections 
.0100 and .0200. 

(12) Vegetative filter means 

an area of natural or planted 
vegetation through which 
stormwater runoff flows in a dif- 
fuse maimer so that runoff docs 
not become channelized and 
provides for infiltration of runofl' 
and filtering of pollutants. The 
direction of stormwater flow de- 
fmes the width of the filter. 

(13) Stormwater collection system 



means any pipe, channel, curb 
or gutter for the primary purpose 
of transporting (not treating) 
runoff. 

Statutory Authority G.S. 1 43-2 1 4. 1; 

l43-2l5.3(a)(l). 

.1003 COASTAL STORMWATER 
DISPOSAL 

(a) Apphcability. Stormwater 
control measures as described in this 
Rule are required for any develop- 
ment activities in the coastal counties 
which require a CAMA major devel- 
opment permit or a 
sedimentation/erosion control plan 
after (the effective date of this Rule] 
unless: 

(1) the project site is one acre 
or less; 

(2) the project site drains to SA 
waters or unnamed tributaries to 
SA waters, has a built-upon area 
of 25 percent or less, there is no 
stormwater collection system 
and built-upon area is at least 30 
feet from surface waters; 

(3) the project site drains to 
waters other than SA, has a 
built-upon area of 30 percent or 
less, there is no stormwater col- 
lection system and built-upon 
area is at least 30 feet from sur- 
face waters; 

(4) the runoff from the project 
site is controlled through an off- 
site stormwater system meeting 
provisions of this Rule and per- 
mitted in accordance with G.S. 
143-215. 1(d); or 

(5) The director certifies that 

the site is situated such that wa- 
ter quahty standards and uses are 
not threatened regardless of the 
type and degree of development. 
Projects with stormwater control 
measures in accordance with the 
provisions of this Rule shall be 
deemed permitted pursuant to G.S. 
143-215. 1(d) upon receipt of a permit 
from the Division of Coastal Man- 
agement or plan approval from the 
Division of Land Resources (or de- 
legated authority). In addition, 
NPDES permits for stormwater 
point sources may be required ac- 
cording to the provisions of 15 
NCAC 2H .0126. 

(b) Stormwater Control Options. 
Non-innovative stormwater control 



NORTH CAROLINA REGISTER 



251 



PROPOSED RULES 



measures which can be approved ac- 
cording to this Rule include: 

(1) Stormwater infiltration 
systems including infiltration 
basins/ponds, swales, vegetative 
filters and porous pavement; and 

(2) Wet detention ponds. 

(c) Design Criteria for Projects 
Draining Directly to Class SA waters. 

(1) Direct outlet channels or 
pipes to SA waters are prohib- 
ited unless permitted in accord- 
ance with 15 NCAC 2H .0126. 

(2) Infiltration control systems 
must be designed to control the 
runoff from all impervious sur- 
faces generated by one and one- 
half inches of rainfall. The size 
of the system must take into ac- 
count the runoff from any per- 
vious surfaces draining to the 
system. 

(3) Runoff in excess of the 
design volume must flow over- 
land through a vegetative fdter 
with a minimum width of 50 feet 
measured from mean high water 
of SA waters; 

(d) Design Criteria For Projects 
Not Draining to SA Waters. 

(1) Infiltration control systems 
must be designed to control the 
runoff from aU impervious sur- 
faces generated by one inch of 
rainfall. The size of the system 
must take into account the run- 
off from any pervious surfaces 
draining to the system. 

(2) As a design alternative to a 
design based on rainfall volume, 
wet detention ponds may be de- 
signed for 85 percent removal of 
total suspended sohds. 

(3) Vegetative fdters are required 
for the overflow and discharge 
of all stormwater wet detention 
ponds. These filters shall be at 
least 30 feet in length. 

(4) Additional control measures 
may be required on a case-by- 
case basis to protect sensitive 
waters or specific water uses. 

(e) Infdtration System Require- 
ments. Infiltration systems may be 
designed to provide infdtration of the 
entire design rainfall volume required 
for a site or a series of successive 
systems may be utilized. Infdtration 
may also be used to pretreat runoff 
prior to disposal in a wet detention 



ponds. The following are general re- 
quirements: 

(1) Infdtration systems shall be 

a mirumum of 30 feet from sur- 
face waters and 50 feet from 
Class SA waters; 

(2) Infdtration systems shall be 

a minimum distance of 100 feet 
from water supply wells; 

(3) The bottom of infdtration 
systems shall be a minimum of 
2 feet above the seasonal high 
water table; 

(4) Infdtration systems must be 
designed such that runoff in ex- 
cess of the design volume by- 
passes the system and does not 
flush pollutants through the sys- 
tem; 

(5) Irdiltration systems must 

be designed to completely draw 
down to pre-storm levels within 
five days; 

(6) If runoff is directed to 
infdtration systems during con- 
struction of the project, the sys- 
tem must be restored to design 
specifications after the project is 
complete and the entire drainage 
area is stabilized. 

(f) Wet Detention Pond Require- 
ments. These practices can be used 
as a primary treatment device or as a 
secondary device following an infd- 
tration system. Wet detention ponds 
shall be designed for a specific 
pollutant removal according to mod- 
eling techniques approved by the di- 
rector. Specific requirements for 
these systems are as follows: 

(1) the design storage volume 
shall be above the permanent 
pool; 

(2) The discharge rate from 
these systems shall be such that 
post-development peak dis- 
charge rate is no more than pre- 
development discharge rate for a 
10-year, 24-hour storm with a 
10-year, one-hour peak intensity; 
the outflow should be such that 
the pond is at the permanent 
pool level within five days; 

(3) A mean depth of a minimum 
of three feet is required; 

(4) The inlet structure must be 
designed to minimize turbulence 
using bafiles or other appropri- 
ate design features; 

(5) Pretreatment of the runoff 



252 



NORTH CAROLIAA REGISTER 



PROPOSED RULES 



by the use of infiltration swales 

is encouraged to minimize 

sedimentation and 

eutrophication of the detention 

pond. 

(g) Vegetative Filter Requirements. 

Vegetative buffers shall be used as a 

no n- structural method for providing 

additional infiltration, filtering of 

pollutants and minimizing 

stormwater impacts. Requirements 

for these buffers are as follows: 

(1) A distribution device such 

as a swale shall be used to pro- 
vide even distribution of runoff 
over the length of the vegetative 
filter; 

(2) The slope and width of the 
vegetative filter shall be deter- 
mined so as to provide a non- 
erosive velocity of flow-through 
the buffer for a 10-year, 24-hour 
storm with a 10-year, 1-hour in- 
tensity. 

(3) Vegetation in the filter may 
be natural vegetation, grasses or 
artificially planted wetland vege- 
tation appropriate for the site 
characteristics; 

(h) Innovative Systems. Innova- 
tive measure for controUing 
stormwater which are not well estab- 
lished through actual experience may 
be approved on a demonstration ba- 
sis under the following conditions: 

(1) There is a reasonable 
expectation that the control 
measures will be successful; 

(2) The projects are not located 
near sensitive waters; 

(3) Monitoring requirements are 
included to verify the perform- 
ance of the control measures; 
and 

(4) Alternatives are available 
if the control measures fail; 

No more than five projects utihzing 
the same innovative control measure 
will be approved until the technology 
is proven over a time frame to be 
determined on a case-by-case basis. 

(i) Operation and maintenance 
plans. An operation and mainte- 
nance plan or manual shall be pro- 
vided for stormwater systems, 
indicating what operation and main- 
tenance actions arc needed, what 
specific quantitative criteria will be 
used for determining when those 



actions are to be taken, and who is 
responsible for those actions; 

(j) Violations of these Rules. 
Failure to install systems according 
to plans and specifications approved 
by the division or failure to operate 
and maintain systems in accordance 
with approved operation and main- 
tenance plans shall be considered a 
violation of a permit of the commis- 
sion. 

(k) System Design. Stormwater 
systems must be designed by a North 
Carolina registered professional engi- 
neer; upon completion of con- 
struction, the registered professional 
engineer must certify that the system 
was constructed in accordance with 
plans and specification reviewed by 
the division and complies with the 
requirements of this Rule. 

Statutory Authority G.S. 143-214.1; 
143-215.1 (d); l43-215.3(a)(l). 

.1004 STATEWIDE STORMWATER 
GUIDELINES 

The division will periodically de- 
velop guidelines for the control of 
stormwater pollution from various 
development practices and to protect 
specific water uses; these guidelines 
will be provided to requesting indi- 
viduals, institutions, local govern- 
ments, or state/federal agencies on 
request for use in developing control 
strategies for mitigating stormwater 
pollution. 

Statutory Authority G.S. 1 43-2 1 4. 1; 
l43-2I5.3(a)(l): 1 43-2 1 5. 8A. 

Sotice is hereby given in accordance 
with G.S. I50B-I2 that the Environ- 
mental Management intends to amend 
and repeal regulations cited as 15 
NCAC 2D .0501; .0524; .0525; 21 
.0202. 

The proposed effecti\'e date of this 
action is January 1 , 1988. 

The public hearing will be conducted 
at 2:00 p.m. on August 17, 1987 at 
Ground Floor Hearing Room, 
Archdale Building. 512 North 
Salisbury Street, Raleigh, North 
Carolina. 

Comment Procedures: All persons 
interested in these matters are invited 



NORTH CAROLINA REGISTER 



253 



PROPOSED RULES 



to attend the public hearing. Persons 
desiring to comment on the proposals 
are requested to give written notice 
thereof on or before the hearing dale. 
Any person desiring to present lengthy 
comments is requested to submit a 
written statement for inclusion in the 
record of proceedings at the public 
hearing. The record of proceedings 
will remain open for 30 days following 
the hearing to receive additional writ- 
ten statements. To be included, the 
statement must be received by the de- 
partment within 30 days. Additional 
information concerning the hearing or 
the proposals may be obtained by 
contacting: Mr. Thomas C. Allen, 
Division of Environmental Manage- 
ment, P.O. Box 27687. Raleigh, North 
Carolina 27611-7687, (919) 

733-3340. 

SUBCHAPTER 2D - AIR POLLUTION 
CONTROL REQUIREMENTS 

SECTION .0500 - EMISSION CONTROL 
STANDARDS 

.0501 COMPLIANCE WITH EMISSION 
CONTROL STANDARDS 

(C) 

(4) The procedures for determining 
compliance with sulfur dioxide 
emission control standards for 
fuel burning sources may be ei- 
ther by determining sulfur con- 
tent with fuel analysis or by 
stack sampling. If a source 
chooses to demonstrate compli- 
ance by analysis of sulfur in fuel, 
sampling, preparation, and anal- 
ysis of fuels shaD be in accord- 
ance with the following 
American Society of Testing and 
Materials (ASTM) methods; 

(A) coal: 

(i) sampling--ASTM 
Method D 2234-82; 
(iii preparation--ASTM 

Method D 2013-72; 
(iii) gross calorific value 
(BTL")-ASTM Method D 
2015-85; 
(iv) moisture conlcnt-- 
AST.M Method D 3173-85; 
(v) sulfur content--ASTM 
Method D 3177-84 or 
ASTM Method D 4239-85; 

(B) oil: 

(i) sampling-A sample shall 
be collected at the pipeline 
inlet to the fuel burning unit 



after sufficient fuel has been 
drained from the line to re- 
move all fuel that may have 
been standing in the line; 
(ii) heat of combustion 
(BTU)-ASTM Method D 
240-85; 
(iii) sulfur content--ASTM 
Method D 129-64 (reap- 
pro ved 1978). 
The sulfur content and BTU 
content of the fuel shall be re- 
ported on a dry basis. When the 
methods described in Parts (A) 
or {W)_ of this Subparagraph are 
used on a one-time or infrequent 
basis instead of a contmual or 
repetitive basis, the sulfur con- 
tent shall be determined from a 
composite ot samples taken 
from the fuel bemg burned over 
a three-hour period. Com- 
bustion sources choosing to 
demonstrate compliance through 
stack sampling shall follow pro- 
cedures described in Method 6 
of Appendix A of 40 CFR Part 
60. 

Statutory Authority G.S. 143-21 5.3 
(a) (I): 143-215.107 (a) 
(5):I43-2I5.68. 

.0524 NEW SOURCE PERFORMANCE 
STANDARDS 

(a) Sources of the following t>pcs 
when subject to new source per- 
formance standards promulgated in 
40 CFR Part 60 shall comply with 
the emission standards, monitoring 
and reporting requirements, mainte- 
nance requirements, notification and 
record keeping requirements, per- 
formance test requirements, test 
method and procedure provisions, 
and any other provisions, as required 
therein, rather than with any 
otherwise-apphcable regulation in 
this Section or Section .0900 of this 
Subchapter which would be in con- 
flict therewith: 

(8) storage vessels for petroleum 
liquids for wliich construction, 
rcconstmction. or modification 
commenced after June 1 1. 1973, 
and pnor to Mav ^ \91^ (40 
CFR 60.1 to 60.39 and 60.110 
to 60.119); 
(30) storage vessels for petroleum 
liquids, post Mav iSr X^2g for 
which construction, recon- 



254 



yORTH CAROLLXA REGISTER 



PROPOSED RULES 



struction, or modification com- 
menced after May 18, 1978 and 
pnor to Julx 23, 2984 [40 CFR 
60.1 to 60.39 and 40 CFR 
60.110(a) to 60.119(a)l; 

(56) Industrial- Commercial- 
Institutional Steam Generating 
Units (40 CFR 60. 1 to 60.39 and 
60.140a to 60.149a); 

(57) Volatile Organic Liquid 
Storage Vessels (Including Pe- 
troleum Liquid Storage Vessels) 
for which construction, recon- 
struction, or modification com- 
menced after July 23, ^984 [40 
CFR 60.1 to 60.39 and 40 CFR 
60.110(b) to 60.119(b)|. 

(e) The version of the new source 
performance standard listed in Para- 
graph (a) of this Regulation is that 
which appeared in the Code of Fed- 
eral Regulations as of Fcbruan , ' 44y 
la&X June 15, 1987. 

Statutory Authority G.S. 143-215. 3 
(a) (I); 143-215:68; 143-215.107 (a) 
(5). 



The public hearing will be conducted 
at 7:30 p.m. on August 24. 1987 - 
Manteo at Marine Resource Center; 
August 25, 1987 - Edenton at John 
A. Holrru High School Auditorium; 
August 26, 1987 - Belhaven at John 
A. Wilkinson High School Audito- 
rium; August 27, 1987 - Beaufort at 
East Carteret High School Audito- 
rium; August 31, 1987 - Holly Ridge 
at Dixon High School Cafeteria. 

Comment Procedures; Comments 
and statements, both written and oral, 
may be presented at the hearings. 
Written comments are encouraged 
and may be submitted to the Marine 
Fisheries Commission. PO Box 769, 
Morehead City, i\'C 28557. These 
written and oral comments must be 
received no later than September 10, 
1987. 

CHAPTER 3 - MARINE FISHERIES 

SUBCHAPTER 3B - FISHERIES 

REGULATIONS FOR COASTAL 

WATERS 



.0525 NATIONAL EMISSION 

STANDARDS FOR HAZARDOUS 
AIR POLLUTANTS 

(e) The version of the national 
emission standards for hazardous air 
pollutants in Paragraph (a) of this 
Regulation is that which appeared in 
the Code of Federal Regulations as 
of November -W ^M^ June 15, 1987. 

Statutory Authority G.S. 143-215.3 
(a) (1); 143-215.68; 143-215.107 (a) 
(5). 

SUBCHAPTER 21 - HEARINGS 

SECTION .0200 - RULE MAKING 
HEARINGS: NOTICE: PROCEDURES 

.0202 NOTICE (REPEALED) 



Statutory 
143-214.1 
150B-12. 



Authority G.S. 87.87; 
(e); 143-215.13 (c); 



Notice is hereby given in accordance 
with G.S. 150B-12 that the N.C. Ma- 
rine Fisheries Commission intends to 
amend regulations cited as 15 \CAC 
3B .0305; .0901. 

The proposed effective date of this 
action is December 1. 1987. 



SECTION .0300 - NET REGULATIONS: 
GENERAL 

.0305 TRAWL NETS 

(4) in Albemarle Sound; 
(^ west oi the Intracoastal 

Waterway (.AUigato f River to- 

North River) ; 
(44 e^i^ oi tb& Intracoastal 

\Vatcr\vay (.Alligator River lo- 

North River) from December 4- 

through March 34-f 



Statutory 
113-134; 
143B-286. 



Authority G.S. 
113-182; 113-221; 



SECTION .0900 - CLAMS 

.0901 SIZE LIMIT: DAILY 

(HARVEST) LIMIT: AND 
METHOD OF TAKING CLAMS 

(c) Permit requirements and 
the season for taking clams with 
mechanical methods are as fol- 
lows: 
(2) 

(A) specify number of days, 
and 

(B) spccif\ . ' rotate areas, 

(C) specify time period, and 

(D) specify quantity and/or 
size. 

(3) Clams may be taken by 



NORTH CAROLISA REGISTER 



255 



PROPOSED RULES 



mechanical methods from the 
foUowing~arcas during open sea- 
son: 
(A) In Newport River, 

beginning at a point on the 
west side oTCore Creek at 34° 
46; Sr N - 762 4r _[6;; W; 
thence OQT'^M) IM \'ards t_o 
a point in Core Creek at 34° 
46' 58" N - 76° 41' 09" W; 
thence 159°' (Ml 1,160 vards 



(M) 1,140 yards to a pomt at 
3£ 4y 0£ N - 76^ 4Z jr 
\V; thence 316° (M) 1,300 



to a point at 34^ 46^ 26^ N -_ 
762 4(r 4r W; thence 228° 
(\1) 350 yards to a point on 
the spoil island at 34^ 46^ 17" 
N - 762 40; 5r W; thence fol- 
lowing the western shoreline 
of the island 900 yards to a 
point at 34° 45' 54" N - 76° 
40_ 36_; W^ thence 137°"(M) 
1580 yards to a point off 
Russell Creek at 34° 45' 25" 
N - 76° 39' 50 'W; thence 185° 
(M") 1,800 yards to a point 
near Gable Creek at 34^ 44; 
27_ N - 76° 3,9' 50 ' W; thence 
253° ("M) 1,575 yards to 
Marker "35" in Gallants 
Channel at 34° 44' 10" N - 76° 
40 43' W; thence 218° '(M 



1,625 \ards to a point on the 
eastern shore of the 
Morehcad- Beaufort Causeway 
at3£;43;3(rN-7624rhr 
W; thence 310°" (M) 1,100 



yards to a point at the south- 
east comer of Newport River 
Marshes at 34; 43; 4r N^76^ 
4r 4r W, thence 055° "(M) 
1.800 >ards t_o Marker "34" at 
34° 44' 24' N - 76° 40' 56" 
W, thence 014° (M) 1,480 
yards to a point 34° 45' 05" N 
- 762 40; 5Cr W, thence 251° 
(M) 2.460 yards to a point at 
the mouth of Crab Point 

Thorofare at 3£ i£ IT 2i. 1 
76° 42' 09" W: thence 208° 



(M) 600 yards to a point 34° 
44' 16" N - 76° 42' 13" W: 
thence 290° (M) 340 vards to 



a point 34° 44' 16" N - 762 42; 
33 "\V: thence 235° (.M) 1.170 
\ards to Crab Pomt at 34; 44; 

221 i^ : Z^l d^ 102 ^ thence 
078° (.M) 510 y^irds to a pomt 
at 34° 44' 54' N - 76° 41' 55" 
\V, thence 035° (Nl) 700 yards 
to a point at 34_ 45; 232 N - 
762 4r 432 W; thence 265° (C) h rCore Sound, all waters 



yards to a point 34° 45' 30" N 

- 762 43; 062 W, thence 080° 
(M) 3,200 yards to the range 
tower at 342 46; 012 N - 762 
412 202 W; thence 007°"(M) 
1,860 yards to the point of 
beginning. 

(B) In North River, the area 
of North River, beginning at 
a point near the Oyster House 
at3£46;3£N-76236;502 
W: thence 077° " (M) 1,425 
yards to a pouit at 342 46; 482 
N : 762 36; 0£ W, thence 152° 
(M") 1.350 yards to a point at 
34° 46' 13" N - 76° 35' 37" 
W, thence 120° (M) 1,060 
yards to a point at the mouth 
of Ward Creek at 34° 46' 05" 
N - 76° 35' 01" \V; thence 188° 
(M") 950 yards to a point at 
34° 45' 38" N - 76° 35' 01" 
W: thence 244° (M) 1.020 
yards to a point 34° 45' 19" >< 
2 762 35; 322 W, thence 175° 
(M) 5.060 yards to a pomt 34° 
42; 532 >; - 762 3£ 552 W; 
thence 276° (M) 650 yards to 
a point near Harkers Point on 
Markers Island at 34° 42' 53" 
N - 76° 35' 18 'W: thence 223° 
(M) 325 yards t_o .Marker "55" 
at 34° 42 45" N - 76° 35' 25" 
W. thence 279° (M) 425 yards 
to a point at 342 42; 452 ^ " 
762 35; 4r W, thence 359° 
(M) 1.610 yards to a point at 
34° 43' 37" N - 76° 35' 50" 
VV: thence 309° (M) 1.600 
yards to a point 34° 44' 02" N 

- 7£ 36; 372 W: thence 231° 
(M) 715 yards to a point at 
3£ 43; 4£ 22 - 762 36; 572 
W; thence 276° ("M) 590 yards 
to Steep Point at 34° 43' 44" 
N - 76° 37' 20 'W: thence 025° 
(-M) 1 .000 \ards to a point at 
34° 44' 15' N - 76° 37' OS" 
\\'. thence 062' (Ml to a point 
at 34° 44 31" N - 76° 36" 43" 
W: thence 292° (M) 620 yards 
to a point at 34° 44" 33" N - 
7£ 37; 052 W. thence 012° 
(M) 4.275 \ards to the point 
of beannina. 



256 



SORTH CAROLISA REGISTER 



PROPOSED RULES 



of Core Sound from Bells 
Point at 3£ 4J 4£ N - 76^ 
30' 00" W; thence 112°'(M 



1,875 yards to Marker "37" at 
3£ 4y 30^ N - 762 28; Sr 
W, thence 050° "(M) 5^ nau- 
tical miles along Core Banks 
to a point 34° 47' 49" N - W_ 
2£ 25;; W, thence 139°"(M) 
975 yards to a point near the 
Swash at 3£ 47 jr N - 7£ 
23; 57; W; thence 058°"(M) 
4,500 yards past the 
Clubhouse to a point at 34° 

49; 06; N - 76; 2r 54; w, 

thence 252°" (M) 4,200 yards 
to a point at 34° 48' 07" N - 
76^ 2£ 08; W, thence 052° 
(M) 3,575 yards to a point at 
34° 49' 29" N - 76° 22' 42" 
W, thence 097° (M) 1,500 
yards to a point at 34; 49; 29" 
N - 76° 21' 47" W; thence foT 
lowing the shoreline 6,700 
yards up to and across Drum 
Inlet to a point at 34° 51' 37" 
N - 76; ^ 37; W; thence 007° 
(M") 1,280 yards to a point at 
34° 52' 14" N - 76° 18' 37" 
W, thence 051°" (M) 3.700 
vards to Dump Island at 34° 
53' 47" N - 76° 17' 06" W; 
thence 113°"(M) 1,000 yards 
to a point at 34° 53' 35" N - 
76; J^ 33; W; thence 050° 
(M) 5.3 nautical miles to a 
point at 34° 57' 36" N - 76° 
^2; 2r W, thence 001°"(\1) 
3,000 vards to Marker "5A" 



near Wainwriaht Island at 34° 

59; or N - 76; _12; 34; w, 

thence 264° (M) 5.500 yards 
to Ho2 Island Point at 34° 58' 



30" 


N - 76° 


15' 


54" 


W; 


thence 


229 


MM) 2. 


200 


varc 


Is across to 


Cedar Islan 
42" N - 76° 


d 1' 

16' 


oint 

33" 


at 
W; 


34° 57' 
thence 



following the shorcLme south 



ward across the mouth of 
Ixwis Creek, around long 
Point. Rumlcv Bay and 



l-ookout Point to a point on 
the north shore of Thorofare 
Bay at 34° 55' 48" N - 76° 18' 
49; W, thence 186° (M) 2.500 
yards to HaU Pomt at 34° 54' 
27" N - 76° 18'49"W: thence 
southwest along the shore to 
Steep Point at 34° 52' 24" N - 
76° 20' 49" W; thence 259° 



(M) 2,850 yards to a point in 
Stryon Bay at 34° 51' 58" N - 
76; 22; 3r W; thence 216° 
(M) 1,275 yards to Mill Pomt 
at3£5r27;N;76;22;49; 
W; thence west to Drum 
Point at 34; 5r 27; N - 76; 
23; 42; W, thence 261°"(M) 
1,100 yards to Marker "1" in 
Nelson Bay at 34° 51' 18" N - 
76; 2£ 20; W^ thence 206° 
(M) to Piney Pomt at 34° 49; 
36" N - 76° 25' 06" W; thence 
263° QM) 2.300 yards t_o a 
point in Brett Bay at 34° 49' 
20; N - 76; 25; 44; W, thence 
234° ("M) 2,300 yards t_o 
Marker "1" in Oyster Creek 
at 34° 48' 42" N - 76° 26' 49" 
W; thence 215° " (M) 6.300 
vards to a pomt east of Spit 
Bay at 34° 45' 47" N - 76° 28' 
3r W, thence 264° (M) 2,350 
yards to the site of the Old 
Chimnev at Jarrett Bay at 34° 

3o; or W; 

1.550 yards 



45; 32; N - 76 
thence 214° (M 
to a point at 34; 4£ 52;^ N - 
76^ 30; jS; W, thence 180° 
(M) 2.250 \ards t_o tjic pomt 
of beginning at Bells Point. 
Johnson Creek, that area of 
Johnson Creek east of a line 
across the creek from a point 
al3£45;0rN-76;26;2£ 
W; thence 049° (M) 600 vards 



to a point at 34° 45' 15" N - 
76° 26' 06" W. 

Great Island Bay, that area in 
Great Island Bay from a point 
on the shore at 34° 45' 32" N 
- 76; 25; |9; W, thence 021° 
(M) 1,350 yards to a point in 
the bay at 34° 46' 07" N - 76° 
25; 15; W, thence 123°"(M) 
1,100 yards to a point on 
shore at W 45' 56" N - 76° 



24' 34" W. 
(D) Salter Path, that area 
of Bogue Sound from a point 
on the shore at Salter Path 
near Rock Point 34° 41' 32" 
N - 77° 53' 32" W. running in 
a northerly direction 010° (M) 
480 yards to a point in Bogue 
Sound at 34;"4r 55; N - 77 
53; 3£ W; thence 265° "(.M) 
5,725 yards to a point on 
Wood Island ar3£ 41' 13" N 
- 77° 56' 58" W; thence 270° 



NORTH CAROLINA REGISTER 



257 



PROPOSED RULES 



(M) 2,725 yards to a point on 
Long Island at 3£ 4(r 59" N 
- 222 58; 38^ W, thencTTol- 
fuu-ing the soutliem shoreline 
of Long Island to a point at 

3£; 4(r 36;; N - 22! 59; ]42 

W, thence 164° (M) 800 yards 
to a point on shore at 34; -UT 
33' N - TT^WlTy^ thence 
following the shoreline east to 
the point oi bcgiruiing. 
(E) White Oak River, the area 
north of the N.C. Highway 24 
Bridge beeiniiinK at a poin t on 
Jones Island 34^ 41' 44" N - 
22: 06; 2£ W running 236° 
(M) 1,075 yards to a point at 
34' 41' 26" N - 77° 06' 49" 
W: thence 2^8° ("\1) 575 yards 
to a point at 34° 41' 29" N - 
221 22; 06; W; thence 035° 
(\1) 1,275 VcirHs to a point at 

3£ 42; or N - 2Z: 0^ is; 

W: thence 113° (\1) 550 yards 
to a point on Jones Island at 
34° 41' 51" N - 77° 06' 28" 
W: thence along the south 
shoreline of Jones Island to 



the pomt of beginning. 
(F) New River 

(i) that area downstream 
from the N.C. Higliway 172 
Bndge bounded on the 
north by a Ime beeinnina at 
Pollocks Point 34° 34' 46" 
N - 22: 23' 57' W; runmng 
east 094° (M) to a point on 
the ("orps of lingineers 
dolphins 34' 34' 47" N - 77° 
23; 382 W, running "lll° 
(M) to Jarretts Point 34' 34' 



38" N - 77° 22' 
ning riS° (M) 
Bluff 34° 34' 12 



55" W: run- 

to Wilkins 

' N - 77° 21' 



39" W: running 226° (\1) to 
a point on the north side of 
the marked navigation 
channel 34° 33' 57" N - 77° 



2r 53; 
Marker 



No. 



across fro 



m 



17; runnint; 



along the north side of the 
channel to the Intracoastal 
Waterway; and bounded on 
the south bv a line bcdn- 



ning at the _ 
172 Bndiie 34 
W; 



N.C. Ilighwav 



_ 3£ 382 N : 
running 088° 



222 23; 57 

(M) to I'err\- Point 34 

002 

nin 



3£ 

N - 77° 23 49" W; run- 
; 131° (M ) to a point m 



Fulcher's Landing Bay 34° 
33; 502 N : 2Z! 22; 232 W; 
thence running 099° (M) to 
Marker No. 17. 
(ii) Lower New River, the 
main channel and lOOTcet 



on either side from Marker 
"17" to New River Inlet. 



(iii) Intracoastal Waterway 
South, all those areas from 
Marker "49" approximately 
one nautical mile south of 
Swansboro in Onslow 



County to .Marker "93" 
south of Sl oop Point in 
Pender County as described 
below: 

AU pubhc bottoms in the 
Intracoastal Waterway 

Channel and 100 feet on ei- 
ther side from Marker "49" 
to .Marker "65" at Craig 
Point; then aU bottom in 
the marked maintained 



Intracoastal 



Waterway 



Channel from Marker "65' 



at Craig Point to .Marker 
"49" at .Morris Landing. 



All public bottom 100 feet 
on either side of the Intra- 
coastal Waterway Channel 
from .Marker No 49 at 
Morris Landmg to Marker 
No. BC at Banks Channel. 
All pubhc bottom 100 feet 
on the west side of the 
Intracoastal Waterway 

Chamiel from Marker No. 
BC at Banks Channel to 
.Marker No. 93 south oT 
Sloop Point. 
(4^ (4_) For temporary openings 
made upon the recommendation 
of SheUlish Sanitation, for 
maintenance dredging oper- 
ations, for the taking of Rangia 
clams, or for relaying of polluted 
clams to private leases, deeds, or 
grants as permitted by 15 NCAC 
3B .0906, season and areas as set 
by 15 NCAC 3B .0901 may not 
apply. 

Statutcvy Aulhorilv G.S. 113-134; 
1 1 3- 1 82: 113-221: 'l43B-286. 

Xotice is hereby given in accordance 
with G.S. 1508-12 that the Coastal 
Management intends to amend and 
adopt regulations cited as 15 SCAC 



258 



\ORTH C A ROUS A REGISTER 



PROPOSED RULES 



7B .0203; 7H .0209; .0306; .0308; 
.03/0; .1102: .1104; .1105; .1501 ; 
.1502; .1504; .1505; .1801; .1802; 
.1803; .1804; .1805; 7M .0301-.0304. 

The proposed effective date of this 
action is December 1 , 1987. 

The public hearing will be conducted 
at 10:00 a.m. on August 18, 1987 at 
Marine Fisheries Building, 3411 
Arendell Street, Morehead City, NC. 

Comment Procedures: All persons 
interested in these matters are invited 
to attend the public hearing. The 
Coastal Resources Commission will 
receive written comments up to the 
date of the hearing. A ny person de- 
siring to present lengthy comments is 
requested to submit a written state- 
ment for inclusion in the record of 
proceedings at the public hearing. 
Additional information concerning the 
hearing or the proposals may be ob- 
tained by contacting: Portia 
Rochelle, Division of Coastal Man- 
agement, P.O. Box 27687, Raleigh, 
North Carolina 27611-7687, (919) 
733-2293. 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7B - LAND USE 
PLANNING GUIDELINES 

SECTION .0200 - LAND USE PLAN 

.0203 POLICY STATEMENTS 

(a) 
(3) 

(B) ... 

(viii) tourism a«4 beach and 

waterfront access ; 
(ix) coastal and estuarine 
water beach access (which 
could include urban 
waterfront access). Policies 
on type and location should 
be based on an inventory 
of all publicly-owned prop- 
erties, to include street ends, 
appropriate for access de- 
velopment, and privately 
owned parcels and where 
access occurs customarily. 
State standards for beach 
access locations as ex- 
pressed in 7M .0303 sh"all 
also be considered in site 
location. 1 hese access 

areas should be indicated on 



maps in the Land Use Plan 
and shall provide for the di- 
verse needs of the perma- 
nent and peak season 
populations as well as day 
visitors. 



Statutory Authority 

(a). 



G.S. /13A-/07 



SUBCHAPTER 7H - STATE GUIDELINES 

FOR AREAS OF ENVIRONMENTAL 

CONCERN 

SECTION .0200 - THE ESTUARINE 
SYSTEM 

.0209 ESTUARINE SHORELINES 

(e) 
(8) Established common-law and 
statutory public rights of access 
to public trust lands and waters 
in estaurine areas shall not be 
eliminated or restricted. Devel- 
opment shall not encroach upon 
existing or proposed public 
accessways nor shall it limit the 
intended use of the accessways. 

Statutory Authority G.S. 113A-I07 
(b): II 3 A- 108 (a); //3A-113 (b). 

SECTION .0300 - OCEAN HAZARD 
AREAS 

.0306 GENERAL USE STANDARDS 
FOR OCEAN HAZARD AREAS 

(a) 
(5) Established common-law and 
statutory public rights of access 
to public trust lands and waters 
in ocean hazard areas not be 
eliminated or restricted. Devel- 
opment shall not encroach upon 
existing or proposed public 
accessways nor shaU it limit the 
intended use of the accessways. 



Statutory Authority G.S. 
II3A-IJ3 (b) (6)'. 



II3A-I07; 



.0308 SPECIFIC USE STANDARDS 

(C) 

(4) In order to avoid weakening 
the protecti\'e nature of primary^ 
and frontal dunes a structural 
accessway should be provided 
for any off-road vehicle (ORV) 
or emergency vehicle access. 
Such accessways should be no 
greater than 10 feet in width and 
should be constructed of 
wooden sections fastened to- 



NORTH CAROLINA REGISTER 



259 



PROPOSED RULES 



gcther over the length of the af^ 
fccted dune area. 



Statutory Authority G.S. //3A-/07 
(a); 113A-I07 (bi: I13A-IB (b) 
(6 J a; 113A-I13 (b) (6) b; I/3A-II3 
(b) (6) d. 

.0310 USE STAND.\RDS FOR I.NLtT 
H.\ZARD ARE.\S 

(a) 
(4) Established common-law and 
statutor>" public rights of access 
to public trust lands and waters 
in ocean hazard areas shall not 
be eliminated or restricted. De- 
velopment shall not encroach 
upon e.xistmg or proposed public 
accesswa\s nor shall it limit the 
intended use ot the accesswavs. 



(7) Public dedication of roads 



shall be encouraged to promote 
permanent public access oppor- 
tumties to inlet areas. Public 
land acquisition at inlets is also 
encouraged to provide tradi- 
tional beach and fishing access 
opportunities, 

Stdtutorv Authority G.S. IBA-W^: 
113.4-113 lb'. 



SECTIO.N .1100 - GENERAL PERMIT 

FOR CONS TRLCTION OF BULKHEADS 

AND THE PLACEMENT OF RIPRAP 

FOR SHORE LLNE PROTECTION LN 

ESTLARLNE AND PUBLIC TRUST 

WATERS 

.1102 APPROVAL PROCEDURE 

(a) The applicant must contact the 
OfTicc Di\ision of Coastal Manage- 
ment and complete an application 
form requesting approval for devel- 
opment. The applicant shall provide 
information on site location, dimen- 
sions of the project area, and his 
name and address. 

(c) No work shall begin untU an 
on-site meeting is held with the ap- 
plicant and appropriate Office Divi- 
sion of Coastal Management 
representative so that the proposed 
bulkhead alignment can be appropri- 
ately marked. Written authorization 
to proceed with the proposed devel- 
opment U4ll may be issued during 
this visit. Construction of the 
bulkhead or riprap structure must 
begin within 90 days of this visit or 
the general authorization expires and 
it will be necessapv' to re-examme the 



alignment to determine if the general 
authorization can be reissued. 

Statutory Authority G.S. II3A-107 
(a): 1/3A-107 (b); I13A-II3 (b); 
II3A-I18 (I J. 

.1104 GENERAL CONDITIONS 

(d) This general permit may be ei- 
ther modified, suspended or revoked 
in whole or in part according to the 
provisions of G.S. 113A-107 if the 
department determines that such 
action would be in the best public 
interest. This general permit will not 
be applicable to proposed con- 
struction where the department be- 
lices determines that authorization 
may be warranted, but that the pro- 
posed activity might significantly af- 
fect the quality of the human 
environment, or unnecessarily en- 
danger adjoining properties. 

Statutory Authority G.S. 113A-107 
fa); 1I3A-I07 ibj; 1I3A-II3 (bj; 
113.4-1 IS (I J. 

.1105 SPECIFIC CONDITIONS 

(b| .Along natural shorelines e.g. 
ri\'ers. creeks, bays, sounds, etc., 
BuUdieads bulkheads or nprap mate- 
rial must be positioned so as not to 
exceed more than an average distance 
of 2 feet waterward of the mean high 
w ater mark, or the normal water level 
contour, whichever is applicable. In 
no case shall the bulkhead or riprap 
be positioned more than 5 feet 
water.vard of the mean high water or 
normal water level contour at any 
point along its alignment. 

(c) .AJong shorclmes within upland 
basms. canals, and ditches, bulkheads 
or nprap material must be positioned 
so as not to exceed more than an av- 
erage distance of 5 feet waterwarcTo? 
the mean high water mark or the 
normal water le\cl contour, wliich- 
e\er is applicable. In no case shall 
the bulkhead or nprap be positioned 
more than 10 feet waterward of the 
mean high water or normal water 
le\el contour a[ an\ point along its 
ahgnment. lor the purpose of these 
Regulations, the .Atlantic Intracoastal 
Walenvay (.AlW'W") is considered a 
natural shoreline and dc\elopment 
must occur as descnbed in 7H 
.li05(bT ~ 



W (di 



260 



.\ORTH CAROLI.XA REGISTER 



PROPOSED RULES 



(14 111 
(*)lil 

Stalutorv Authority G.S. I13A-I07 
(a); 1I'3A-I07 (b); II3A-II3 (b); 
II3A-II8 (I). 

SECTION .1500 - GENERAL PERMIT 

FOR EXCAVATION WITHIN OR 

CONNECTING TO EXISTING CANALS: 

CHANNELS: BASINS: OR DITCHES IN 

ESTL'ARINE WATERS: PUBLIC TRUST 

WATERS: AND ESTL ARINE 

SHORELINE 

AEC'S 

.1501 PURPOSE 

This permit U4U allow tb@ mainte - 
nance excavation ei eMsting canals , 
channels , basins, and ditches in 
estuarine and public trust waters 
when the following general and sp&- 
e^^ii. conditions can b& met . This 
permit will allow excavation within 
existing canals, channels, basins and 
ditches in estuarine and public trust 
waters for the purpose of maintaining 
previous water depths and creating 
new boat basins into adjacent 
high ground that will be used for pri- 
vate, non-commercial activities. This 
general permit is being developed ac- 
cording to the procedures outlined in 
Subchapter 7J .1100, and wiU apply 
to the estuarine waters and public 
trust waters areas of environmental 
concern. 

Statutory Authority G.S. II3A-I07 
(a), (b); II3A-II3 (b): II3A-II8 
(I); 113-229 (cl). 

.1502 APPROVAL PROCEDURE 

(a) The applicant must contact the 
OfTice Division of Coastal Manage- 
ment and complete an application 
form requesting approval for devel- 
opment. Applicants shaU provide 
their name and address, the site loca 

(c) No work shall begin until an 
onsite meeting is held with the appli- 
cant and an Office Division of 
Coastal Management representative 
to inspect and mark the proposed 
area of excavation and spoil disposal. 
Written authorization to proceed 
with the proposed development can 
be issued during tliis site visit. 
Maintenance All excavation must be 



completed within 90 days of the date 
of permit issuance, or the general au- 
thorization expires. 

Statutory Authority G.S. I13A-I07 
(a), (b): II3A-II3 (b); II3A-II8 
(I); 113-229 (cl). 

.1504 GENERAL CONDITIONS 

(f) This general permit authorizes 
mamtenance excavation in canals. 



channels, basins and ditches within 
primary nursery areas as designated 
by the Division of Marine Fisheries 
except as proscribed by other pro- 
visions of this permit. individual 
project requests will be evaluated on 
a case-by-case basis and coordinated 
with appropriate Division of Marine 
Fisheries personnel. Individual 

projects will not be allowed during 
periods of highest biological produc- 
tivity. 

(g) New basins within or with 
connections to primary nursery areas 
are not allowed. 

(h) No new basins will be allowed 
that result in closure of sheUfish wa- 
ters according to the closure policy 
of the Division of Health Services. 

Statutory Authoritv G.S. II3A-I07 
(a), (b); U3A-l'l3 (b): II3A-II8 
(I): 113-229 (cl). 

.1505 SPECIFIC CONDITIONS 

Proposed maintenance excavation 
must meet each of the foUowing spe- 
cific conditions to be eligible for au- 
thorization by this general permit. 
(1) New basins will be aUowed 
only when they are located en- 
tirely in high ground and join ex- 
istinu man-made canals or basins. 



(2) New basins will be no larger 
than 50 feet in cither length or 
width and no deeper than the 
waters they join. 

(3) New basins must be for the 
private non-commercial use of the 
land owner. 



(41(2) 

(6^ (91 No excavation ma>' occur 
may occur during times desig- 
nated by the N.C. Office Divi- 



NORTH CAROLINA REGISTER 



261 



PROPOSED RULES 



sion of Coastal Management for 
protection of fish, shellfish or 
wildlife resources. 

(^ (10) No maintenance excavation 
may take place within primary 
nursery areas or prime shellfish 
areas as designated by the N.C. 
Division of Marine Fisheries. 

(4) ihs. location aad design oi 
existing basin , channcl i canal of 
ditch must meet aU current AEC 
guidelines . 

(^ (11) Maintenance Proposed 
excavation must not promote or 
provide the opportunity for a 
change in existing land use at the 
time of project review. 

Statutory Authority G.S. 1 1 3.4- 1 07 
(a), (b); I13A-1I3 (bj; I13A-1I8 
(I); 113-229 (cl). 

SECTION .1800 - GENERAL PERMIT 

TO ALLOW BEACH BULLDOZING 

LANDWARD OF THE MEAN 

HIGH WATER MARK IN THE 

OCEAN HAZARD AEC 

.1801 PURPOSE 

This permit wiU allow beach 
bulldozing needed to reconstruct or 
repair frontal and or primar\' dune 
systems. For the purpose of this 
general permit, beach bulldozing is 
defmed as the process of moving na- 
tural beach material from any point 
seaward of the first line of stable 
vegetation to repair damage to frontal 
and/or primary' dunes caused by a 
major storm event. This general 
permit is being developed according 
to the procedures outlined m Sub- 
chapter 7J .1100 and will apply only 
to the Ocean Erodible AEC. This 
general permit shall not apply to the 
Inlet Hazard AEC. 

Statutory Authority G.S. 113-229 
(cl): II3A-I07 (a) (b); I13A-II3 
(b): II3A-II8 (I). 

.1802 APPROVAL PROCEDURES 

(a) The applicant must contact the 
Division of Coastal Management or 
local permit officer (LPO) and com- 
plete an application form requesting 
approval for development. The ap- 
plicant shall pro\ide information on 
site location, dimensions of the 
project area, and his name and ad- 
dress. 



(b) The applicant must provide 
confirmation that a written statement 
has been obtained and signed by the 
adjacent riparian property owners in- 
dicating that the-y have no objections 
to the proposed work. 

(c) No work shall begin until an 
on-site meeting is held with the ap- 
plicant and appropriate LPO or Di- 
vision of Coastal Management 
representative so that the existing first 
line of stable natural vegetation can 
be appropriately marked and re- 
corded on the apphcation. Written 
authorization to proceed with the 
proposed development may be issued 
during this visit. All bulldozing must 
be completed within 30 days of the 
date of permit issuance or the general 
authorization expires. 

Statutory Authority G. S. 113-229 
(cl): II3A-I07 (a) (b): II3A-II3 
(b): II3A-II8 (I). 

.1803 PERMIT FEE 

No fee will be assessed for this per- 
mit. 

Statutory Authority G.S. 113-229 
(cl): I'I3A-I07 (a) (b): II3A-JI3 
(b): II3A-II8 (I). 

.1804 GENERAL CONDITIONS 

(a) Any future setback determi- 
nations which may be required shall 
be made using the first line of stable 
natural vegetation estabhshed prior 
to the bulldozing activity. 

(b) Individuals shall allow author- 
ized representatives of the Depart- 
ment of Natural Resources and 
Community Development to make 
periodic inspections at any time 
deemed necessan' to ensure that the 
activity being performed under au- 
thority of this general permit is in 
accordance with the terms and con- 
ditions prescribed herein. 

(c) This general permit may be ei- 
ther modified, suspended, or revoked 
in whole or in part according to the 
procedures in G. S. 113A-107 if the 
department determines that such 
action would be in the best pubUc 
interest. This general permit wiU not 
be applicable to proposed con- 
struction where the department be- 
lieves that authorization may be 
warranted but that the proposed ac- 
tivity might significantly affect the 



262 



NORTH CAROLI.XA REGISTER 



PROPOSED RULES 



quality of the human environment 
or unnecessarily endanger adjoining 
properties. 

(d) This general permit will not be 
applicable to proposed construction 
when the department determines after 
any necessary investigation that the 
proposed activity would adversely af- 
fect areas which possess historical, 
cultural, scenic, conservation or rec- 
reational values. If a shipwreck is 
unearthed, all work shall stop and 
both the Division of Archives and 
history and Coastal Management 
shall be contacted immediately. 

(e) The department may on a case 
by case basis determine that the gen- 
eral permit shall not be applicable to 
a specific construction proposal. In 
those cases, individual permit appli- 
cation and review of the proposed 
project will be required according to 
15 NCAC 7H. 

(f) This general permit does not 
convey any rights, either in real estate 
or material and does not authorize 
any injury to property or invasion of 
rights of others. 

(g) This permit does not eliminate 
the need to obtain any other required 
state, local or federal authorization. 

(h) Development carried out under 
this permit must be consistent with 
all local requirements, AEC guide- 
lines, and local Land Use Plans cur- 
rent at the time of authorization. 

Statutory Authority G.S. 113-229 
(cl); 1I3A-107 (a) (bj; H3A-II3 
(b): II3A-II8 (I). 

.1805 SPFXIFIC CONDITIONS 

(a) The area in which this activity 
is being performed must maintain a 
slope of adequate grade so as to not 
endanger the public or the public's 
use of the beach and should follow 
the pre-emergency slopes as closely 
as possible. The movement of ma- 
terial by a bulldozer, front-end 
loader, backhoe, scraper or any type 
of earth moving or construction 
equipment shall not exceed 1 foot in 
depth measured from the pre-activity 
surface elevation. 

(b) The activity must not exceed 
the lateral bounds of the applicant's 
property unless he has permission of 
the adjoining landowncr(s). 



(c) Movement of material from 
seaward of the mean high water line 
is not authorized. 

(d) The activity must not sigiiif- 
icantly increase erosion on neighbor- 
ing properties and must not have a 
significant adverse effect on impor- 
tant natural or cultural resources. 

(e) Adding to dunes shall be ac- 
complished in such a manner that the 
damage to existing vegetation is min- 
imized. The fill areas will be imme- 
diately replanted or temporarily 
stabilized until planting can be suc- 
cessfully completed. 

(f) In order to minimize adverse 
impacts to nesting sea turtles, no 
work shall occur within the period of 
May 1 through November 1 5 of any 
year. 

(g) No more than one contiguous 
acre of oceanfront property can be 
excavated and/or fdled without a cer- 
tified sedimentation and erosion con- 
trol plan or approval from the 
Division of Land Quality or the ap- 
propriate local government. 

Statutory Authority G.S. 113-229 
(cl): II3A-I07 (a) (b): II3A-II3 
(b): II3A-I1S (I). 

SUBCHAPTER 7M - GENERAL POLICY 
GUIDELINES FOR THE COASTAL AREA 

SECTION .0300 - SHOREFRONT 
ACCESS POLICIES 

.0301 DECLARATION OF GENERAL 
POLICY 

It is the policy of the State of North 
Carohna to foster, protect, improve 
and ensure optimum access to recre- 
ational opportunities at ocean and 
estuarine water beach areas consistent 
with public rights, rights of private 
property owners and the need to 
protect natural resources, especially 
sand dunes and marsh vegetation. 
The state's ocean and estuarine water 
beaches are a resource of statewide 
significance held in trust for the use 
and enjoyment of all the citizens. 
The public has traditionally and cus- 
tomarily freely used and had access 
to these resources and the state has a 
responsibility to provide continued 
reasonable access to its beaches and 
estuarine waters. The State of North 
Carolina, therefore, has created a 
Coastal and Lstuarine Water Beach 
Access Program for the purpose of 



NORTH CAROLINA REGISTER 



263 



PROPOSED RULES 



acquiring, improving and maintaining 
recreational property at frequently 
located intervals along the oceanfront 
and estuarine shoreline. 

Many privately owned properties in 
close proximity to the Atlantic Ocean 
and to estuarine shorelines have been 
and wiU be adversely affected by 
coastal hazards, making them unsuit- 
able for permanent residences. A 
public purpose can be served by the 
acquisition and/or improvement of 
such properties for beach access use 
by the general public provided that 
such properties are appropriately 
maintained for this and future gener- 
ations. The state should acquire the 
lands which are most vulnerable to 
severe erosion only when these lands 
may be used for some valid public 
purpose, such as beach access and 
use. The state should seek opportu- 
nities for the acquisition of inexpen- 
sive properties. Where feasible, 
donations and bargain acquisitions 
should be encouraged. 

Statutory Authority G.S. I I3A-I34.I: 
II3A-I34.3. 

.0302 UEFI.MTIO.NS 

(a) "Ocean Beach Access" is de- 
fmed to include the acquistion and/or 
improvement of properties situated 
along the Atlantic Ocean for parking 
and pubhc passage to the oceanfront. 
Beach access facilities may include, 
but are not hmited to, parking areas, 
restrooms, showers, picnic areas, 
dressing/shower rooms, concession 
stands, gazebos, litter receptacles, 
water fountains, dune crossovers, se- 
curity lighting, emergency and pay 
telephones, interpretive and public 
beach access signs, and other appro- 
priate facilities. 

(b) "Estuarine Water Beach 
Access" is defmed to include the ac- 
quisition and, or improvement of 
properties located in the twenty 
county area under CAMA jurisdic- 
tion that are situated along estuarine 
waters as defined by the North 
CaroUna Wildlife Resources Com- 
mission and the Division of Marine 
Fisheries for parking, boating and 
pedestrian access to estuarine waters. 
I'Atuarine water beach access facilities 
may include, but arc not limited to, 
parking areas, restrooms, showers. 



picnic areas, boat ramps, fishing 
piers, boardwalks, dressmg/shower 
rooms, concession stands, litter re- 
ceptacles, security lighting, emer- 
gency and pay telephones, 
interpretive and public beach access 
signs, gazebos, water fountains, and 
other appropriate facilities. 

(c) "Irilet Beach Access" is defmed 
to include the acquisition and/or im- 
provement oT buildable and 
unbuddable properties situated along 
the confluence of estuarine and ocean 
waters for parking and pubhc passage 
to the beach area. Inlet beach access 
Facilities may includ e but are not 
limited to parking areas, restrooms, 
litter receptacles, security hghting, 
emergency and pay telephones, and 
public beach access signs. Facilities 
should be sited to minimize potential 
destruction by movement of the inlet. 

(d4 (e| Local accessways are defmed 
to include those points which offer 
minimal facihties if any at all. Gen- 
erally, these accessways wiU are a 
minimum of K) feet in width and 
pro\ide only have a dune crossover 
or pier, if needed, and litter recepta- 
cles and pubhc beach access signs and 
are for the use of pedestrians within 
a few hundred yards of the site. 

(e^ (j} Neighborhood accessways are 
defmed as those areas offering park- 
ing, usually for five to twenty-five tea 
vehicles, a dune crossover or pier, 
htter receptacles and pubhc beach 
access signs. Such accessways are 
typicaUy 40 to 60 feet in width and 
are primarily for the use of individ- 
uals within the immediate subdivi- 
sion or vicinity of the site. If more 
than 15 parking spaces are provided, 
sanitation facihties should be in- 
stalled. Portable sanitation facilities 
arc the minimum acceptable; septic 
systems and vault privies, where ap- 
propriate, are preferred. 

(i^ (g) Regional accessways are of 
such size and offer such facihties that 
they serve individuals from through- 
out an island or community including 
day visitors These sites are hand- 
icapped accessible and normally pro- 
vide parking for 25 to 80 60 vehicles, 
restrooms, a dune crossover, pier, 
boat ramp, foot showers, litter recep- 
tacles and pubhc beach access signs. 
It is recommended that at least one- 



264 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



half acre of open space in addition to 
all required setback areas be provided 
}o"r bufFe"ring, day use, nature study 
or similar purposes. 

^ [h) Multi - regional accesscays , 
usally administcrd by the state , ace in 
the catcgor)' oi state parks , and offer 
the fuU complement oi improvement 
associated with such facilities . al* 
though t4ie Coastal an4 Estuarinc 
Water Beach Access Program wiU 
provide funds ta the extent possible 
ta improve et- coordinate beach a^ 
ce«» a» these sites , multi - regional 
accessways a^e seen , in most cases , 
as being beyond tha scope an4 intent 
of tba state coastal and estuarinc wa- 
ter beach access program . Multi- 
regional accessways are generally 
larger than regional accessways but 
smaller than state parks. Such facili- 
ties should be undertaken and con- 
structed with the involvement and 
support of state and local govern- 
ment agencies. Muhi-rcgional 
accessways provide parking for a 
minimum of 80 and a maximum of 
200 cars, large restrooms with mdoor 
showers and changing rooms, con- 
cession stands, and are accessible to 
the handicapped. It is recommended 
that a minimum of two acres of open 
space in addition to all required set- 
back areas be provided for buffering, 
day use, nature study or similar pur- 
poses. 

Statutory Authority G. S. //3A-/34.3. 

.0303 POLICY STATE.MENTS 

(b) Public beach nourishment 
projects funded by the state and fed- 
eral government as discussed in 7M 
.0202(f)(3) will not receive initial or 
additional funds unless provisions are 
have been made or are being made 
for adequate public beach access 
within the vicinity of the project 
based on applicable Division of 
Coastal Management standards. 
iii* must include The public 
nourishment plan should ensure pro- 
tection of public access nghts, ade- 
quate identification of accessways 
with CRC public access signs, and 
construction of recommended num- 



(e) The state should continue in its 
efforts to supplement and improve 
highway, bridge and ferry access to 
and within the 20 county coastal area 
consistent with the approved local 
land use plans. Further, the state 
should wherever practical work to 
add public fishing catwalks in all 
plans for new construction and re- 
modeling bridges and should incor- 
porate catwalks in all plans for new 
construciton and for remodeling 
bridges. It is the policy of the state 
to seek repeal of ordinances prevent- 
ing fishing from bridges except where 
public safety would be compromised. 
WTiere bridges are to be replaced, the 
acquistion of public access at the old 
bridge site should be obtained. All 
Department of Transportation and 
local government efforts regarding 
right-of-way alterations within the 20 
coastal counties should be coordi- 
nated with the Coastal Resources 
Commission to preserve and enhance 
public access opportunities and to 
afford the opportunity to acquire 
necessary public accessways and 
parking at the same time as addi- 



bers of parking spaces, dune crosso- 
vers and rcstroom facilities. 



tional road right-of-way is being ac- 
quired. 

{h^ An overall goal of the Coastal 
and Estuarinc Water Beach Access 
program is te^ develop at least &ne 
regional accessway fbc each town or 
county having occanfront shoreline 
Of. one per ten miles whichever is 
greater, and one regional accessway 
for each town ot county having 
estuarinc water shoreline or one per 
ten miles , whichever is greater . 

(h) Local governments are encour- 
aged to participate in the access pro- 
gram to the maximum extent 
possible so that a shared state-local 
partnership will maximize the bene- 
fits to the community and to all citi- 
zens. The ocean and estuarinc water 
beaches are recognized as a resource 
of state and local significance; all lo- 
cal governments are encouraged to 
actively participate in the access pro- 
gram to provide access facilities to 
accommodate state and local needs. 
Local governments are encouraged to 
acquire and improve properties for 
public beach access on an ongoing 
basis to keep pace with community 
development. It is recommended 
that the total number of beach access 



.\ORTH CAROLINA REGISTER 



265 



PROPOSED RULES 



parking spaces correspond to ap- 
proximately three percent oT the 
community's peak season popu- 
lation. In communities with both 
ocean and estuarine shorelines, these 
parking spaces should be apportioned 
between ocean and estuarine 
accessways based on demand for the 
two types of access. Local govern- 
ment's target number of access park- 
ing spaces may be higher or lower 
than the recommended three percent 
based on a critical analysis of the 
community's peak season population 
and pattern of residential develop- 
ment as expressed in the local gov- 
ernment's beach access plan. This 
analysis should take into consider- 
ation a reasonable estimate of the 
number of day visitors from the sur- 
rounding area and the percentage of 
the community's seasonal population 
that will require parking on or near 
the shoreline. 

(^ [i) Beach access projects shall, to 
the maximum extent feasible, be 
consistent with the established prior- 
ities of approved local land use plans, 
beach access plans and outdoor re- 
creation plans, and will be designed 
to be free of arcliitectural barriers 
which may limit their use by the 
handicapped. Where grant funds are 
used to acquire land or improve ac- 
cess opportunities, local governments 
may not charge a user fee or fee for 
off-street parking if unless such pro- 
ceeds are used exclusively for beach 
access maintenance and improve- 
ments. 

(k) (j) Local governments shall have 
lead responsibility for the provision 
of local and neighborhood access 
with full support and assistance from 
the state. Provision of local and 
neighborhood access should be based 
on identified needs as stated in ap- 
proved local land use plans, beach 
access plans or outdoor recreation 
plans. The state shall have lead re- 
sponsibility for the provision of re- 
gional and multi-regional access g* 
areas. Provision of such regional ac- 
cess areas should be based on re- 
commended siting criteria set out in 
these regulations or based on identi- 
fied needs as stated in approved local 
land use plans, beach access plans, 
and outdoor recreation plans, of as 
opportunities present thcmseh'cs . 



^ Although the commi s sion re- 
cognises the value of multi - regional 
accessways , A rccogmzcs that the 
large costs associated with s uch 
projects wiU exceed the scope oi the 
existing beach access funds . How - 
ever , the beach access program shall 
be fuUy coordinated U4th such 
projects, ta the extent feasible , sup - 
pu»{4. access projects within new of 
existing federal, stater of local prop - 
erties . 

(BH(k) 

(m) Local governments are en- 
couraged to develop ocean access 
areas according to the following 
locational guidelines so as to provide 
convenient access opportunities 
along the entire length of the 
shoreline within a given local gov- 
ernment junsdiction: 

Local: located in the middle of the 
a\erage length block within the 
communitv (average block length 
1000 feet); " 

Neighborhood: located at either 
end of the average length block 
withm the commumty (average 
block length 1000 feet); 
Regional: located at a minimum 
frequency of one per local govern- 
ment jurisdiction or one per four 
mUes of shoreluie, whichever re- 
sults in the greater number of fa- 
cihties; and 

Multi-regional: located at a 
minimum frequency of one per 
barrier island or one per ten miles 
of shoreline, whiche\er results in 
the greater number of facilities. 
Ihe total number of access areas. 



their size and type should be based 
on local government analysis of peak 
season population demands as set out 
in 7M .0303(h). Location guidelines 
set out in this paragraph represent the 
recommended spacmg of access areas 
along the shoreline; additional 
accessways should be installed as 
needed or desired. 



(n) It is recommended that inlet 
access areas be established to assure 
and sustain public use of the inlet 
area for fishing and general beach re- 
creation. Pubhcly dedicated roads 
are recommended to be maintained 
to inlet areas where property should 
he acquired for a minimum of one 
regional accesswav. Because inlet 



266 



NORTH C A ROUS A RECISJER 



PROPOSED RULES 



areas arc typically migratory and 
highly transient, it is recommended 
that larger tracts of land be acquired 
than would be needed for the facility 
itself. 

(o) Local governments are encour- 
aged to develop estuarine access areas 
according to the following locational 
guidelines so as to provide conven- 
ient access opportunitites along the 
entire length of the shoreline u'ithin 
a given local government jurisdiction 
according to the foUowing minimum 
standards: 

Local: located along urbanized 
waterfronts parallel to the 
waterfront for a minimum width 
of 10 feet; pedestrian access per- 
pendicular to the waterfront should 
be located a maximum distance of 
once every block. 
Neighborhood: neighborhood 
access areas should be located a 
maximum distance of one everv 



1,000 Icct along developed 
shorelines. In residential subd- 
ivisions it would be desirable to 
have a minimum area 100 feet long 
adjacent to the shore by 50 feet in 
depth in public ownership for each 
50 residential dwelling units m a 
given subdivision. 
Regional: regional access areas 
should be located on barrier islands 
at a minim"um frequency of one per 
local go\'emment jurisdiction or 
one per four miles of shoreline, 
whichever results in the provision 
of the greater number of facilities. 
On the mainland, regional 
accessways should be located at a 
minimum frequency of one per 
town or county. 

Mult-regional: at least one multi 
-regional access area should be lo- 



cated in each coastal countv. 



(1) Unbuildable lot acquisition; 

(2) Regional ocean and inlet 
access (acquisition and develop- 
ment); 

(3) Neighborhood ocean access 
(acquisition and development); 

(4) Regional estuarine access 
(acquisition and development); 

(5) Neighborhood estuarine 
access (acquisition and develop- 
ment); 

(6) Local ocean access 
(acquisition and development); 

(7) Local estuarine access 
(acquisition and development); 

(8) Multi-regional ocean access 
(acquisition and development); 

(9) Multi-regional estuarine 
access (acquisition and develop- 
ment): and 

(10) Urban waterfront access 
( Federal grant funds only). 

Funding priorities among these 
types of projects may vary from year 
to year based on perceived need and 
level of fund availability. Funding 
priorities shall be established annu- 
ally prior to accepting grant applica- 
tions. 

(q) When reviewing grant applica- 
tion requests for the construction of 
public access areas, various site con- 
straints wiU be considered before re- 
commending the applications for 
funding. These factors include but 
are not limited to suitability of the 
site for the type of access proposed, 
liability concerns when publicly- 
funded access projects are provided 
along bulkheaded or riprapped 
shorelines, the availability of sandy 
shorelines for esturine access, public 
health and safety concerns with re- 
spect to adjacent water quahty, ade- 
quate area to properly accommodate 
the minimum number of recom- 



The total number of access areas, mended parking spaces, pedestrian 



their size and type should be based 
on local government analysis of peak 
season population demand as set out 
in 7M .0303(h). location standards 
set out in this paragraph represent the 
recommended spacing of access areas 
along the shoreline; additional 
accessways should be constmcted as 
needed or desired. 

(p) In awarding coastal and 

estuarine water beach access grants, 
the department will fund the follow- 
ing types of projects: 



and vehicular conflicts, etc. 

(r) In making grant awards, the 
department will give funding priority 
to those projects that meet one or 
more of the foUowing criteria: 
V The project is submitted by a 
local government applicant that 
has not previously received 
beach access grant funds; 



'L The project in\olves 
acquisition and or development 
of an unbuildable lot or lots; 

3^ The project involves 



.\ORTH CAROLINA REGISTER 



267 



PROPOSED RULES 



development of a type of access 
facility in an area that has none 
or too few available to meet the 
peak season population demand; 
4 The site is particularly 

suitable for the type of facility 
proposed; 
5^ I'he project is well-designed 
and promotes safe facility use for 
all visitors; 
6^ The project is consistent 

with development standards as 
set out in Subchapter 7M; or 
7^ The project site is one that 
has been traditionally used by 
the pubhc ^r access to the 
shoreluie. 
(s) Urban waterfront revitali/ation 
and access is not a primary locus of 
the state-funded beach access pro- 
gram" W^hen federal grant funds are 
available for the construction of ur- 
ban waterfront access projects, how- 
ever, it may be appropnate to award 
federal funds to eligible grant appU- 
cants. Under no circumstances, 
however, should state beach access 
funds be allocated to urban 
waterfront access projects. 

(t) Any existing or proposed vehicle 
accessway located ai an ocean access 
site acquired or improved, in whole 
or in part, with access grant lunds 
must be improved to comply with 15 
NCAC 7H .0308(c)(4) so that prT 
mary and frontal dunes will be pro- 
tected and conflicts between 
pedestrians and vehicles will be mini- 
mized. Beach access grant funds 
shall not be used to construct vehicle 
acccsswavs. 



nities for public beach access and use 
but also limit the encroacliment ~or 
private property on the public beach. 

Statutory Authority G. S. I I3A-134.3. 

.0304 LOCAL PARTICIPATION 
REQUIREMENTS: BEACH 
ACCESS PROGRAM 

(^) 

(3) adoption of appropriate 
subdivision ordinances requiring 
the dedication, timely improve- 
ment, and identiTication (by 



(u) land acquisition for future 
public access opportunities in the 
coastal area is a major priority for 
local and state govemments. Plan- 
ning for access should include the 
identification of appropriate parcels 
in land use plans and other policy 
documents. y\dded weigtit will be 
given to applications that have beach 
access as a high local policy priority. 
Where necessary, local and state 
aovemments should use condemna- Statuloiy Authority G.S. I ISA- 1 343. 



posting of CRC pubhc access 
signs) o£~at a minimum, local 
and neigliborhood accessways 
according to Division of Coastal 
Management location standards 
thereby assuring physical and 
visual access for the general 
public to the shorefront along 
existing and future public streets 
and in subdivisions where no 
public streets are constructed; 
(4) maintenance responsibility 
iof- accessways under local juris - 
diction, establishment, posting 
and implementation of user, su- 
pervisory and maintenance 
standards for accessways under 
local jurisdiction; 

(10) development of local 
funding sources for beach access 
projects which may include but 
arc not limited to developer im- 
pact fees, hotel-motel tax reven- 
ues, etc. 

(11) recommended adoption of 
appropriate subdivision ordi- 
nances requiring public dedi- 
cation of road nglits-of-way 
parallel and perpendicular to 
ocean beaches and estuarine 
shorelines and at inlets; and re- 
quiring the public dedication of 
local and neighborhood 
accessways for use of the resi- 



dents in the subdivision consist- 
ent with 
leaslation. 



state enabling 



tion powers to acquire land in a pat- 
tern which promotes public access 
locational standards. 

(\') The acquisition of unbuildable 
lots is a high priority of the beach 
access program. Acquisition of such 
properties pro\ide not onl\ oppoitu- 



Notice is hereby given in accordance 
with G.S. I50D-I2 that the Wildlife 
Resources Commission intends to 
amend regulation cited as 15 NCAC 
I OF .0339 {a). 



268 



NORTH CAROLIAA REGISTER 



PROPOSED RULES 



The proposed effective date of this 
action is December J, 1987. 

The public hearing will be conducted 
at 10:00 a.m. on August 19, 1987 at 
Room 386. Archdale Bldg., 512 North 
Salisbury Street, Raleigh, NC. 

Comment Procedures: Interested 
persons may present their views either 
orally or in writing at the hearing. In 
addition, the record of hearing will be 
open for receipt of written comments 
from August 3, 1987, to 5:00 p.m. on 
September 4, 1987. Such written 
comments must be delivered or mailed 
to the Wildlife Resources Commis- 
sion, Archdale Bldg., 512 N. Salisbury 
St., Raleigh, NC 27611. 

CHAPTER 10 - WILDLIFE RESOURCES 
AND WATER SAFETY 

SUBCHAPTER lOF - MOTORBOATS 
AND WATER SAFETY 

SECTION .0300 - LOCAL WATER 
SAFETY REGULATIONS 

.0339 MCDOWELL COUNTY 

(a) Regulated Areas. This Rule 
applies only to those portions of 
Lake James lying within .McDoweU 
County and marked within bounda- 
ries approved by the Executive Di- 
rector, or his representative as 
follows; 

(1) that area adjacent to the 
shoreline of the McDowell 
Wildlife Club property; 

(2) that area adjacent to the 
shoreline of the Marion Moose 
Club property; 

(3) that area known as Morgan Cov 

(4) that area within 50 yards of 
the shoreline at the New Manna 
Baptist Youth Camp; 

(5) that area within 50 yards of 
the shoreline at Burnett's Land- 



ing, 
(b) Speed Limit. No person shall 
operate a vessel at greater than no- 
wake speed while within the regulated 
areas described in Paragraph (a) of 
this Rule. 



Statutory A uthorily 
75A-I5. 



G.S. 75A-3; 



TITLE 21 - OCCUPATIONAL 
LICENSING BOARDS 



Notice is hereby given in accordance 
with G.S. I50B-I2 that the N.C. State 
Board of Certified Public Accountant 
Examiners intends to adopt and 
amend regulations cited as 21 NCAC 
8B .0508; 8F .0/07; .0110; .0305; 8H 
.0004. 

The proposed effective date of this 
action is December 1 , 1987. 

The public hearing will be conducted 
at 9:00 a.m. on August 19, 1987 at 
N.C. State Board ofCPA Examiners, 
IIOI Oberlin Road, Suite 104, 
Raleigh. NC 27605. 

Comment Procedures: Any person 
interested in these rules may present 
written or oral comments relevant to 
the action proposed at the public rule- 
making hearing. Anyone planning to 
present comments at the hearing 
should notify the Executive Director 
at the Board offices by Monday, Au- 
gust 17, 1987. Written statements not 
presented at the public hearing should 
be deinered to the board offices not 
later than 4:00 p.m. on Thursday, 
September 17, 1987. 

CHAPTER 8 - BOARD OF CERTIFIED 
PUBLIC ACCOU.NTANT EXAMINERS 

SUBCHAPTER 8B - RULE-MAKING 
PROCEDURES 

SECTION .0500 - DECLARATORY 
RULINGS 

.0508 ORAL REQUESTS FOR 
OPINIONS AND 
INTERPRETATIONS 

£■ Oral requests to board or staff 
members for opinions and interpre- 
tations of these rules are discouraged. 
Whenever given, they are non- 
binding and applicants or licensees 
who thereafter act in reliance, do so 
at their own risk. 

Statutory Authority G.S. 93-12(3); 
93-12(9); I50B-17. 

SUBCHAPTER 8F - REQUIREMENTS 

FOR CERTIFIED PUBLIC 

ACCOUNTANT EXAMINATION 

AND CERTIFICATE APPLICANTS 

SECTION .0100 - GENERAL 
PROVISIONS 

.0107 COMMUNICATION OF RESULTS 
OF EXA.MINATIONS 



AORTH CAROL! S A REGISTER 



269 



PROPOSED RULES 



(c) Examination grades shall be 
mailed on the uniform national re- 
lease date agreed to b^ the National 
Association of State Boards oT 
Accountancy and the American In- 
stitute of Certified Public Account- 



courses at the elemcntar\', intermedi- 



ants. Examinees may receive their 
grades personally at the offices ol the 
board on the release date by notlTying 
the executive director not later than 
five days prior to the release date. 

(d) Information prepared by the 
board 's~statT about the results of the 
examination and intended for public 
information shall be made available 
no earlier than the day alter the uni- 
form national release date. 

Statutory Authority G.S. 93-12(2): 
93-12(3). 

.0110 PROCTORING OTHER ST.ATES' 
CANUIDATES 

(a) As a courtesy to other state 
accountancy boards, this board shall 
proctor, on behalf of the other 
boards, candidates in North Carolina. 
The following procedures shall be 
followed by persons desiring to be 
proctored in this state. 

(b) An application shall be deli\- 
ered to the board office not later than 
April 1 for the May Exam and Octo- 
ber 1 for the November Exam. 

(c) An application shall contain 
evidence from the home state 
accountancy board that it has ap- 
proved the candidate's examination 
application and the proctoring re- 
quest. 

(d) The approval of the proctoring 
request shall be at the discretion of 
the board and is not promised to any 
applicant. Factors considered in the 
decision shall include, but not be 
limited to, space availability, reasons 
for the proctoring request, date the 
application was received, reasons for 
any previous proctoring requests, and 
any special circumstances requested 
by the home state accountancy board 
or applicant. 

Statutor)' Authority G.S. 93-12. 

SECTION .0300 - EDLCATIONAI 
REQUIREMENTS EOR EXAMINATION 

.0305 CONCENTRATION IN 
ACCOUNTING 

(f) Accountancy courses shall in- 
clude such courses as pnnciples 



ate and advanced levels; managerial 
accounting: cost accounting: fund 
accounting: auditing; and taxation. 
There are many college courses oF 
fered that would be helpful in the 
practice of accountancy, but are not 
included in the 24 semester hour re- 

not 



quiremcnts 



Such courses 



counted would include courses such 
as business fmance, business law, 
business management, computer sci- 
ence, economics and writing skills. 

Statutory Authority G.S. 93-/2(5). 

SUBCHAPTER 8H - RECIPROCITY 

.0004 NOTIFICATION OF 

ENFORCEMENT ACTION 

Any applicant for or holder of a 
temporary or reciprocal certificate is- 
sued by this board shall advise the 
executive director in writing within 
15 days when an original or any 
other reciprocal certificate is can- 
celled, revoked, suspended or 
censured by any other state licensing 
or judicial authority. 

Statutory Authority G.S. 93-/2(9). 

TITLE 23 - DEPARTMENT OF 
CO.NLMLAITY COLLEGES 

Notice ;'.? hereby given in accordance 
with G.S. /50B-/2 that the Depart- 
ment of Community Colleges intends 
to amend regulatioru cited as 23 
NCAC 2C .0/05 and 2E.0201. 

The proposed effective date of this 
action is January / , /9S8. 

The public hearing will be conducted 
at /:00 p.m. on August /8, /987 at 
Caswell Building, Room 459, 200 
West Jones Street, Raleigh, NC 
27603-/337. 

Comment Procedures: .4 ten-minute 
time limit per person may be imposed 
for oral presentations. The number 
of persons making oral presentations 
may be limited in order to stay within 
the time available. Individuals who 
plan to make oral presentations must 
submit their remarks in writing to the 
hearing officer. This procedure will 
assist the hearing officer in organizing 
and reporting information to the 



270 



\ORTH CAROLI.\A REGISTER 



PROPOSED RULES 



SBCC. Written statements not to be 
presented at the hearing should be di- 
rected to Dr. C. Neil! McLeod, 
Hearing Officer, Department of 
Community Colleges, 200 West Jones 
Street. Raleigh. NC 27603-1337 by 
Augusts, 1987. 

CHAPTER 2 - COMMLMTY COLLEGES 

SUBCHAPTER 2C - INSTITUTIONS: 
ORGANIZATION AND OPERATIONS 

SECTION .0100 - TRUSTEES AND 
INSTITUTIONS 

.0105 ESTABLISHING AND 

CONVERTING INSTITUTIONS 

(a) General Policy. In authorizing 
the establishment of a new institution 
in a county in which no institution 
of the Community College System is 
currently located, an institution will 
be approved initially as either a tech- 
nical institute or a community col- 
lege. 

(b) New Institutions. /Vn apphca- 
tion for a new area to be ser\'ed must 
come from the county or city 
board(s) of education or the county 
commissioners in the proposed ad- 
ministrative area. The application 
shall be sent to the state board which 
may direct the department to coop- 
erate with the applicants in making a 
survey to determine the following: 

(1) Do the educational needs of 
the area justity the educational 
services proposed? 

(2) Can the existing public and 
private post -secondary insti- 
tutions in the area meet the 
needs demonstrated? 

(3) If unmet educational needs 
exist that could be met by the 
proposed institution, will the 
projected student enrollment 
justify the proposed institution? 
As a standard, the projected en- 
rollment should be a minimum 
of 400 full-time equivalent stu- 
dents in curriculum programs 
within three years after estab- 
lishment. 

(4) Can adequate local current and 
capital expense funds be sup- 
plied"? As a standard, the level 
of local current operating fund 
support should be equal to the 
existing median support for the 
institutions in the community 
college system. 



(5) Will the local public school 
tax support be affected adversely 
by the local support required for 
the proposed institution? 

(6) Do the boards of 
commissioners and boards of 
education in the area support the 
apphcation? 

(7) Are the facilities proposed to 
house the new institution ade- 
quate? 

(8) Does the application fit the 
policy of reasonable geographic 
distribution in order to meet 
statewide needs? As a standard, 
no new institution shall be es- 
tablished within 25 miles of an 
existing institution within the 
community college system, ex- 
cept where urban population 
density or natural barriers be- 
come overriding considerations. 

(9) Will adequate state funds 
become available to support the 
proposed new institution? 

(10) Can the immediate needs of 
an area best be served by an ex- 
tension unit operating under 
contract with an existing institu- 
tion? 

(11) A statement of anticipated 
desegregation impact will be re- 
quired. 

(12) When the survey is 
completed, the department will 
report to the state board and 
make its recommendations. A 
local delegation ma> appear if 
desired. The state board shall 
make its recommendation for 
the establishment of a new insti- 
tution t Assembly, including a 
request for additional funds if 
needed. 

(^4 Addition of » College Transfer 
Program 

(-I4 Procedure 

(A4 "ihe. trustees determine tkat 
there i» s ufficient unmet e4u> 
cational needs iof- Ut& transfer 
program in th€^ commuting 
a«^^ td justify a thorough 
study , ao4 formally request 
assistance from the depart - 
ment i» maldng th« sun'cy , 

(£4 The sun .' Cy i« made a« 

directed bv the trustees , uith 
»ta£f members oi the depart - 
ment serving as consultants , 

(C) After the sur\'ey i* 



i\ORTH CAROLINA REGISTER 



271 



PROPOSED RULES 



completed , tte trustees decide 
whether Xe- mat;e a forma] k- 

<-D4 li a formal requcs^t t^ 

made the state board shall 
consider tb« request a»4 the 
sur\e>' report supporting the 
request, and- determine what 
action it should take , A local 
delegation may appciu at thk 
tiflie to support the request , 

(£4 if the request an4 the sun'ey 
report support adequately the 
conversion ta a community 
coUegc , the slate board ma\' 
require a favorable ^.-ote of the 
people of the admimstrati\e 
aiea pursuant to G , S , 
1 15D - 36 prior to matdng it* 
recommendations , 

(p) Jt the '.'ote of t he 

administrali' . 'e a^ea i* favora - 
hfer the request along with the 

submitted to the stale board 
fof consideration , 
fG4 ft the state board makes a 
favorable recommendation , 
the request along \\ ith a copy 
of the sun , e} report , t he fc- 
^\\ \\ ^ q{ t he \ otc of the ad - 
muustrati\e atea if required, 
aad a statement setting forth 
the additional state funds Fe- 
quired foi^ the addition of the 
college transfer program shall 
be for\^^arded to- the oflicials 
of the General Assembly , 
P4 Standards, Ihe standards that 
apph' aie related to the unmet 
educational needs in- the com - 
muting aiea fot^ the transfer pro - 
gram , the effect tf^ addition of 
thi* program might be expected 
to ha\ e on the existing programs 
» the institution , tfie adcquac)' 
of anticipated slate and- local fU 
nancial support - rec|uircd fet the 
program , aad the effect tliat 
supplying this, tinancial support 
miglit ha\e on- local public 
school fmancial support and on 
state support fot other existing 
institutions . The following are 
the specitic standards ttiat should 

(A4 Ihe anticipated full - time 
e quivalent ( Fll' I student en- 
roUment ia tiie transfer pro- 
gram i^ sufiicient to earn oa 



the state formula budget an 
adequate number of instruc - 
tional units to support the 
transfer program, I^or effec - 
th;e teaching , there should be 
a minimum of si^ instruc - 
tional units a\'ailable the hfst 
yeaf a»d an additional fow: 
units the second an4 subse - 
quent years, The state board 
shall require as a condition to 
its favorable recommendation 
of tf^ addition of a coUege 

technical institute a certif - 
ication bv the department 
that , based upon aa examina - 
tioA of tf)e study hy tf^ insti - 
tution , an enrollment of a 
minimum of Xi2 FTE college 
transfer students r»ay reason - 
ahly be expected the fifst year , 
an4 a minimum of 220 FTE 
college transfer students wt^ 
reasonably be expected the 
second and- subsequent \ears , 

^ Ttie trustees and- the Oaff 
of the institution ate commit - 
ted to continued strong eiB> 
phasis on the programs 
already offered , so that the 
addition of the transfer pro - 
Qj-^f Yi will tn no ^^'a^ reduce t he 
effectiveness of present pro - 
grams . The trustees and ad- 
ministratne staff of the 
institution shall be required to 
provide tfie leadership neces - 
safy to assure that enrollment 
i» eyjsting vocational and 
technical programs wiH not be 
diminished , 

(-C4 The present of proposed 
buildings , parking areas , 
equipment and hbrary . 
holdings viofl adequatclv' sup - 
port the proposed college 
transfer program in addition 
to the programs presentlv of- 
faied, 

t£^ The board(s) of countv' 
commissioners ia the admin - 
istrative afca of the institution 
agTee(s) by- formal resolution 
that the proposed college 
transfer program is desirable , 
and tiiat the additional local 
funds required can be supplied 
without hurtmg the local suf^ 



777 



yORTH CAROLI.XA REGISTER 



PROPOSED RULES 



port required ibr tb& public 
s chools . 

(£4 ^ he bo3jd(s) of ed uc ation m 
the admini s trative -^iOA oi the 
institution agrce(s) b^ formal 
resolution th^ the proposed 
college transfer program i» de> 
sirable , and that the additional 
local funds required caA be 
supplied without hurting th« 
local support required iot- the 
public schools . 

(£) Statements of anticipated 
desegregation impact are in- 
eluded in the feasibility stud)f 
for the proposed college 
transfer program . 

{G^ State funds are available to 
support the addition of the 
transfer program , 

make a favorable recommen - 
dattoA until local fund avail - 
ability i» assured , 
(4^ Sur\-ey , The sur^-ey shall 
justify to the satisfaction of the 
approving authorities that the 
above standards are met . 

Statutory Authority G.S. II5D-4: 
U5D-5: II5D-3I through II5D-36. 

SUBCHAPTER 2E - EDUCATIONAL 
PROGRAMS 

SECTION .0200 - CURRICULUM 
PROGRAMS 

.0201 ESTABLISHING CURRICULA 
OR TERMINATING 
CURRICULA 

(a) Application; New Vocational 
or Technical Curriculum 

(1) Under the provisions of G. 

S. 115D, the State President of 
the department will submit for 
State Board approval institu- 
tional apphcations for vocational 
and technical curricula to be of- 
fered by institutions. In order 
to provide for an orderly and 
equitable distribution of such 
curricula on the basis of demon- 
strated need and to further 
strengthen the total system of 
vocational and technical educa- 
tion programs conducted 
through the department, the ad- 
vance approval of the State 
Board of all curricula is required. 

(2) Proposal for New Curriculum. 



Institutions will initiate pro- 
posals for a new curriculum by 
collecting pertinent information 
and submitting resulting data on 
appropriate application forms. 
This application form must be 
signed by the institution's presi- 
dent and chairman of the board 
of trustees and forwarded to the 
department. 

(b) Termination of Vocational or 
Technical Curriculum 

(1) Each institution planning to 
terminate an existing full-time 
vocational or technical curric- 
ulum shall notify the department 
of this decision. 

(2) Notice of Termination. To 
aid the department in maintain- 
ing accurate records of curricula 
offered by each institution, the 
institutions shall inform the de- 
partment of curriculum termi- 
nation by submitting the 
information on the appropriate 
form. A curriculum not offered 
for two years by an institution 
shall be reported as terminated. 

(c) Approval of General Education 
Curriculum Programs. The State 
Board authorizes the State President 
to approve general education curric- 
ulum programs for institutions in the 
System. 

( 1 ) The cluster of general 
education courses should include 
one or more of the following 
disciplinary areas: 

(A) EngHsh and literature 

(B) Fine Arts and Philosophy 

(C) Social Sciences (A course 
in local history may be in- 
cluded.) 

(D) Science and Mathematics 
(Courses in local flora and 
fauna, history of mathematics, 
and modem mathematics may 
be included.) 

(2) Associate Degree: The 
successful completion of 96 
quarter hours of general educa- 
tion and interest-type courses 
win culimate in an Associate 
Degree in General Education. 
The associate degree program 
should include courses from 
each of the disciplinary areas 
listed in Subparagraph (1) of this 
Rule. 

(3) Certificate: The Successful 



A'ORTH CAROLINA REGISTER 



273 



PROPOSED RULES 



completion of 30-45 quarter 
hours of general education and 
interest-type courses will be re- 
cognized by a Certificate in 
General Education. The certif- 
icate program should include 
courses from two or more of the 
disciplinar>' areas listed in Sub- 
paragraph (1) of this Rule. 

(4) Beyond the basic core of 
general education course work, 
the students may elect specialty 
courses on the basis of their own 
interests. The program should 
be designed to meet the local 
educational needs and should 
also be one that appeals to an 
entirely new and untapped 
clientele. 

(5) Total credit hours required 
for the Associate Degree in 
General Education shall be 96 
quarter credit hour. 

(d) Approval of College Transfer 
Program 

( 1) Requjements 

(A) "1 he approval for an 

institution to offer a college 
transfer program shall be con- 
sistent witli the pnmary 
mission of the institution to 
provide adult vocational and 
tcchmcal education and basic 
academic education and 
should complement the insti- 



tution's ability to pursue that 
mission. 
(B) The approval of a new 
college transfer program shall 
be based on a legitimate, well 
documented evaluation of the 
need, demand, cost and bene- 
fits of the program, as well as 
an assessment of the insti- 
tution's capacity to offer a 
quality program and the po- 
tential impact of the college 
transfer program on other in- 
stitutions in the region and 
other programs within the in- 
stit ution. 

_ Institutions authorized to 
offer the college transfer 



(C 



gram shall be designated 
"commumty colleges." 
(2) Process 

(A) Procedures and guidelines 
for the development and con- 
sideration of a feasibility study 
for the addition of a coUege 
transTer program shall be de- 
veloped by the State president 
and approN'ed by the State 
Board. These may include 
pro\isions for the requirement 
of public" hearings and or a 
local referendum on the pro- 
posal. 



Statutory Authority 
1I5D-5; ll5D-20(6). 



G.S. 



274 



yORTH CAROLI.XA REGISTER 



FINAL RULES 



When the text of any adopted rule 
differs from the text of that rule as 
proposed, upon request from the 
adopting agency, the text of the 
adopted rule will be published in this 
section. 

When the text of any adopted rule is 
identical to the text of that as pro- 
posed, adoption of the rule will be 
noted in the "List of Rules Affected" 
and the text of the adopted rule will 
not be republished. 

Adopted rules filed by the Depart- 
ments of Correction, Revenue and 
Transportation are published in this 
section. These departments are not 
subject to the provisions ofG.S. I SOB, 
Article 2 requiring publication of pro- 
posed rules. 

TITLE 5 - DEPARTMENT OF 
CORRECTIONS 

CHAPTER 2 - DIVISIONS OF PRISONS 

SUBCHAPTER 2E - TREATMENT 

SECTION .1400 - MANDATORY 
EDUCATION PROGRAM 

.1401 MANDATORY EDUCATION 
PROGRAM 

The purpose of the Mandatory Ed- 
ucation Program is to ensure that all 
capable inmates committed to the 
Department of Correction are pro- 
vided with the opportunity to im- 
prove their basic literacy skills while 
incarcerated, in an effort to improve 
their prospects of becoming law- 
abiding and self-supporting upon 
their release from prison. 

History Note: Statutory Authority 
G.S. 148-11; 1 48-22. 1; 
Eff August I. 1987. 

.1402 CRITERIA FOR MANDATORY 
PARTICIPATION 

(a) The unit superintendents and 
institutions heads are authorized to 
require all inmates without a high 
school diploma or general educa- 
tional certification who function be- 
low the sixth-grade achievement level 
to participate in an aduh basic 
education/general education develop- 
ment (ABE/GED) program. Manda- 
tory inmate participation in 
educational programs is restricted to 



full-time and part-time ABE/GED 
programs. 

(b) Sessions for mandatory inmate 
participation are not to exceed 90 
days, and no inmate will be required 
to participate in more than one ses- 
sion. However, if an inmate is 
transferred before completing a man- 
datory school program, such inmate 
may be required to complete any re- 
mainder of the session. Inmates 
completing the mandatory session 
may voluntarily remain in the pro- 
gram after 90 days or may request an 
alternate assignment. 

(c) Any inmate having a high 
school diploma who is tested with the 
Wide- Range Achievement Test 
(WRAT) as functioning below the 
sixth-grade achievement level may 
also be required to participate in a 90 
day ABE/GED program. 

History Note: Statutory Authority 
G.S. 148-11: 148-22.1: 
Eff August J. 1987. 

.1403 IDENTIFICATION OF INMATES 
WITH EDUCATIONAL 
DEFICIENCIES 

The diagnostic centers shall be re- 
sponsible for identifmg inmates with 
educational deficiencies as specified 
in Rule 2E .1402. The Wide-Range 
Achievement Test (WRAT) shall be 
the primary test instrument for de- 
termining achievement levels. 

History Note: Statutory Authority 
G. S. 148.11: 148-22.1; 
Eff August L 1987. 

.1404 ASSIGNMENT OF INMATES 
TO ABE/GED PROGRAMS 

The appropriate unit or institution 
classification committee shall be re- 
sponsible for recommendLng the as- 
signment of irunates to the 
mandatory education program. The 
unit superintendent/institution head 
shall be the fmal approving authority 
for such assignments. 

History Note: Statutory Authority 
G.S. 148-11; 148-22.1; 
Eff August I, 1987. 

.1405 INMATE PERFORMANCE 

(a) All inmates assigned to the 
mandatory education program are 
expected to work to their fuUcst po- 



AORTH CAROLINA REGISTER 



275 



FISAL RULES 



tential and are to follow the in- 
structions of the teacher. 

(b) Any inmate found to be unable 
to perform school assignments due to 
mental incapacity or other valid rea- 
sons, as based upon the professional 
judgment of the teacher or other as- 
sessments, may be removed from the 
program. 

(c) Academic records shall be 
maintained on all irmiates in the 
program. Such records are available 
for review by the inmate and other 
interested parties. 

History Sote: Statuion- Authority 
G.S. 148-11; 148-22.1'; 



Eff. August 1, 1987. 

.1406 DiSClPLI.NARV ACTIO.N 

(a) Any inmate assigned to the 
mandator)' education program who 
refuses to attend class shall be subject 
to disciplinary' action for disobeying 
a lawful order. 

(b) In the classroom, any inmate 
who becomes a disruptive force by 
failing to follow the instructions of 
the teacher shall be subject to disci- 
plinary action for disobeying a lawful 
order. 

History Sole: Statutory Authority 
G.S. 148-11; 148-22.1; 
Eff. August 1, 1987. 



276 



.\ORTH CAROLISA REGISTER 



LIST OF RULES AFFECTED 

NORTH CAROLrsA ADMINISTRATIVE CODE 
LIST OF RULES AFFECTED 



EDITION XII, NO. 4 


EFFECTIVE: July I, 1987 


AGENCY 


ACTION TAKEN 


RTMENT OF ADMINISTRATION 




1 NCAC 1A.0101-.0103 


Repealed 


.0201-.0207 


Repealed 


.0304 


Amended 


.0305 


Repealed 


IB .0101-.0106 


Repealed 


.0107-.0108 


Adopted 


.0201-. 0206 


Repealed 


.0207-. 0210 


Adopted 


.0301-.0305 


Repealed 


.0306-.0308 


Adopted 


.0401 -.0403 


Repealed 


.0405-.0409 


Adopted 


.0501-.0504 


Repealed 


.0505-.0508 


Adopted 


.0601-.0605 


Adopted 


.0701 


Adopted 


.0810 


Adopted 


4G.0101-.0102 


Amended 


.0201-.0204 


Amended 


.0207-.0208 


Amended 


.0210-.0211 


Amended 


.0216 


Repealed 


.0217-.0218 


Amended 


.0220 


Amended 


.0303-. 0304 


Amended 


.0401 


Amended 


.0403 


Amended 


.0404 


Repealed 


.0406 


Repealed 


.0407-.0408 


Amended 


.0508-.0509 


Amended 


.0512 


Amended 


.0514 


Amended 


.0516 


Amended 


.0517 


Repealed 


4II.0101-.0102 


Repealed 


.0103-.0104 


Amended 


.0202-.0205 


Repealed 


.0206 


Amended 


.0208 


Repealed 


5A .0001-. 0002 


Amended 


.0003 


Repealed 


.0005 


Repealed 


.0009 


Amended 


5B .0206 


Amended 


.0310-. 0311 


Amended 


.0402 


Amended 


.0404 


Amended 


.1402-. 1403 


Amended 


.1506 


Amended 



NORTH CAROLINA REGISTER 



277 



LIST OF RULES AFFECTED 



.1509-. 1510 


Amended 


.1512-. 1513 


Amended 


.1601 


Amended 


.1603 


Amended 


.1903 


Amended 


5D.0204 


Amended 


.0206-. 0207 


Amended 


.0401 


Amended 


.0501 


Amended 


.0504-.0505 


Amended 


19 .0101-.0102 


Repealed 


.0104-. 0105 


Repealed 


.0201-.0202 


Repealed 


.0301-.0302 


Repealed 


21E .0001-. 0002 


Repealed 


22 .0201 


Amended 


27 .0101-.0102 


Repealed 


.0201-.0202 


Repealed 


35 .0302 


.Amended 


36 .0001 


Adopted 


DEPARTMENT OF CORRECTION 




5 NCAC 2A .0202 


Amended 


2D .0601 


xAmended 


2F .0605 


Adopted 



GOVERNOR'S OFFICE 

9 NCAC 



Executi\e Order Number 47 
Eff. April 28, 1987 
E.xecutive Order Number 48 
Eff. May 14, 1987 
Executive Order Number 49 
Eff. May 20, 1987 



DEPARTMENT OF HUMAN RESOURCES 



10 



NCAC IB 
8C 



19C 



19H 



02U2 

1106 

1202 

1203 

1210 

1302 

1309- 

1312 

0505 

0702 

0102 

0105 



1310 



Amended 
Amended 
Repealed 
Amended 
Repealed 
Amended 
Amended 
Repealed 
.Amended 
Amended 
Amended 
.Amended 



DEPAR IMENT OF JUSTICE 

12 NCAC 7D .0103 

.0104- 
.0109 
.0201 
.0203 
.0402 
.0404 
.0503 
.0701 
.0706 



,0106 



Repealed 
.\mcnded 
Amended 
.Amended 
.Amended 
Amended 
Amended 
.\mended 
Amended 
.Amended 



2'^8 



\ORTH CAROLLXA REGISTER 



LIST OF RULES AFFECTED 





.0801- 


.0807 


Amended 




.0809 




Amended 




.0902 




Amended 


9A 


.0104- 


.0105 


Repealed 


10 


.0802 




Amended 




.0803- 


.0807 


Adopted 




.0901 




Amended 




.0902- 


.0903 


Adopted 




.1102- 


.1104 


Adopted 


11 


.0103- 


.0104 


Amended 




.0201- 


.0202 


Amended 




.0204 




Amended 




.0206 




Amended 




.0301 




Amended 




.0306 




Amended 


DEPARTAIENT OF LABOR 






13 NCAC 7C 


.0103 




Amended 


DEPARTMENT OF NATURAL RESOURCES AND COMM 


15 NCAC 2B 


.0311 




Amended 


2D 


.0103 




Amended 




.0501 




Amended 




.0505 




Amended 




.0524- 


.0525 


Amended 




.0528 




Amended 




.0533 




Amended 


2H 


.0607 




Amended 


7H 


.0602 




Amended 


7K 


.0203 




Amended 


lOB 


.0105 




Amended 




.0201- 


.0212 


Amended 




.0214- 


.0215 


Amended 


IOC 


.0205 




Amended 




.0305 




Amended 




.0407 




Amended 


lOD 


.0002- 


.0003 


Amended 


lOH 


.0101 




Amended 




.0109 




Amended 




.0901 




Amended 




.0907 




Amended 


I6C 


.0105 




Amended 




.0108 




Amended 


DEPARTMENT OF STATE 1 REASURER 




20 NCAC lA 


.0003- 


.0007 


Repealed 


IF 


.0104 




Amended 


IG 


.0202 




Amended 




.0402 




Amended 


8 


.0103 




Amended 




.0105 




Amended 


BOARD OF ARCHITECTURE 






21 NCAC 2 


.0108 




Amended 


BOARD OF CPA EXAMINERS 






21 NCAC 8 A 


.0101 




Amended 


8B 


.0101 




Amended 




.0103 




Repealed 




.0105 




Amended 



NORTH CAROLLWA REGISTER 



279 



LIST OF RULES AFFECTED 



BOARD OF CONTRACTORS 

21 NCAC 1 

HOUSING FINANCE AGENCY 

24 NCAC 



8D 


.0202 




Amended 


8F 


.0103 




Amended 




.0304 




Amended 


8G 


.0101- 


.0102 


Amended 




.0112 




Amended 




.0201- 


0203 


Amended 




.0208- 


0211 


Amended 




.0401 




Amended 


8H 


.0001 




Amended 




.0003 




.^mended 


SI 


.0005 




Amended 


8J 


.0001 




.Amended 


8K 


.0201 




Amended 


TO 

1 


RS 

.0205 




Amended 


ge: 

ID 


SCY 

.0102 




Amended 


IJ 


.0102 




Amiended 



2SQ 



\ORTH CAROLLXA REGISTER 



NC AC INDEX 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA 
ADMINISTRATIVE CODE 



TITLE 



DEPARTMENT 



1 
2 
3 

4 
5 
6 

7 
8 
9 

10 
11 
12 
13 
14A 
15 
16 
17 
18 
19A 
20 
*21 
22 
23 
24 
25 
26 



Administration, Department of 

Agriculture, Department of 

Auditor, Department of State 

Commerce, Department of 

Corrections, Department of 

Council of State 

Cultural Resources, Department 

Elections, State Board of 

Governor 

Human Resources, Department of 

Insurance, Department of 

Justice, Department of 

Labor, Department of 

Crime Control, Department of 

Natural Resources and Community Development 

Education, Department of 

Revenue, Department of 

Secretary of State 

Transportation, Department of 

Treasurer, Department of State 

Occupational Licensing Boards 

Administrative Procedures 

Community CoUeges, Department of 

Independent Agencies 

Personnel, Department of State 

Office of Administrative Hearings 



NOTE: Title 21 contains the chapters of the various occupational 
licensing boards. 



CHAPTER 



LICENSING BOARD 



2 
4 
6 
8 

10 
12 
14 
16 
18 
20 
21 
22 
26 
28 
30 
31 
32 
33 
34 
36 
37 
38 
40 



Architecture, Board of 

Auctioneers, Commission for 

Barber Examiners, Board of 

Certified Public Accountant Examiners 

Chiropractic Examiners, Board of 

Contractors, Licensing Board for 

Cosmetic Art Examiners, Board of 

Dental Examiners, Board of 

Electrical Contractors, Board of Examiners 

Foresters, Board of Registration for 

Geologists, Board of 

Hearing Aid Dealers and Fitters Board 

Landscape Architects, Licensing Board of 

Landscape Contractors, Registration Board of 

Law Examiners, Board of 

Martial & Family Therapy Certification Board 

Medical Examiners, Board of 

MidwifcPi' Joint Committee 

Mortuary Science, Board of 

Nursing, Board of 

Nursing Home Administrators, Board of 

Occupational Therapist, Board of 

Opticians, Board of 



NORTH CAROLINA REGISTER 



281 



NCACLXDEX 



42 Optometry', Board of Examiners in 

44 Osteopathic Examination and Registration 

46 Pharmacy, Board of 

48 Physical Therapy, Examining Committee of 

50 Plumbing and Heating Contractors, Board of 

52 Podiatn,' Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists. Board of 

56 Professional Engineers and Land Surveyors 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary Medical Board 



2S2 .\0R TH CA R OLl.XA REGIS TER 



CUMULA TIVE INDEX 



CUMULA TIVE INDEX 

(April 1987 - March 1988) 



1987 - 1988 

Pages Issue 

1-137 April 

138-169 May 

170-198 June 

199 - 285 July 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

E - Errata 

EO - Executive Order 

EDL - Einal Decision Letters 

FR - i inal Rule 

GS - General Statute 

JO - Judicial Order 

LRA - list of Rules Affected 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

1 R - Temporary' Rule 

ADMINISTRATION 

Auxiliary' Services, 203 PR 

State Employees Combined Campaign, 13 PR 

AGRICLLIlRi: 

Food and Drug Protection, 204 PR 
Markets, 206 PR 
N. C. State Fair, 205 PR 
Pesticide Board, 13 PR 
Standards Di\'ision, 206 PR 
Structural Pest Control, 205 PR 
Veterinary, 209 PR 

COMMERCE 

Departmental Rules, 14 PR, 143 PR 
Savings & Loan Di\i5ion, 147 PR 

coMMi Nil V coEi i:(;es 

Community Colleges, 270 PR 

CORRECTION 

Division of Pnsons, 105 FR, 190 FR, 275 FR 
Parole Commission, 106 FR 



NOR TH CA R OIJNA REGIS TER 2Si 



CUMULA TIVE INDLX 



( RIMK ( ()M ROL AM) PI BLIC SAFETY 

State lligliway Patrol, 159 PR 

KXKCl ri\i: ORDKRS 

i:xecutive Orders 34 - 42, 1 BO 

43 - 46, 138 i;0 

47 - 49, 171 HO 

50, 199 liO 

FINAL 1)F( ISION LEITERS 

Voting Rights Act, 10 FDL, 141 1 DL, 200 FDL 

JIIMAN RESOl RCES 

AIDC, 156 PR 

1-acility Ser\'ices, 174 PR, 211 PR 
Familv Services, 152 PR 
Health Services, 237 PR 
Individual and F'amilv Support, 153 PR 
Medical Assistance, l"74 PR, 248 PR 
Medical Services, 149 PR 
Mental Health Retardation 
and Substance Abuse, 15 PR, 247 PR 
Notice, 170 C 

INSURANCE 

1 ife Accident & Health Division, 17 PR 

JISTICE 

Education and Trauiing Standards, 19 PR 
Private Protective Services, 249 PR 

LICENSING BOARD 

CPA, 269 PR 

Cliiropractice Examiners, 178 PR 

Medical Examiners, 95 PR 

Nursing Home Administrators, 182 PR 

LIS! OF RLEES AFFEC LED 

Volume 12, No. 1 
(Apnl 1, 1987), 131 ERA 
Volume 12, No. 2 
(May 1, 1987), 163 ERA 
Volume 12, No. 3 
(.lune 1, 1987), 193 ERA 
Volume 12, No. 4 
(July 1, 1987), 277 ERA 

NA FERAE RESOURC ES AND COMMl NFLV DE\ ELOPMENT 

Coastal Management, 44 i'R. 160 PR, 259 PR 
l-'conomic Opportunity, 161 PR 
imvironmental Management, 29 PR, 249 |>R 
Marine 1 ishenes, S4 VK. 255 PR 
Wildlife Resources, 175 PR, 268 PR 

RE\ENIE 

lndi\idual Income Tax, 107 FR 
Motor Fuels Tax, 108 FR 



2S4 \ORTH CAROLL\A REGISTER 



CUMULA TIVE INDEX 



STATE PERSOVSEL 

Employee Benefits, 183 PR 

State Personnel Commission, 96 PR 

STATE TREASURER 

Departmental Rules, 161 PR 
Investment Program, 177 PR 

TRANSPORTATION 

Motor Vehicles, 109 FR 



NOR TH CA ROUS A REGIS TER 285 



NC AC INDEX 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA 
ADMINISTRATIVE CODE 



TITLE 



DEPARTMENT 



1 Administration, Department of 

2 Agriculture, Department of 

3 Auditor, Department of State 

4 Conunerce, Department of 

5 Corrections, Department of 

6 Council of State 

7 Cultural Resources, Department 

8 Elections, State Board of 

9 Governor 

10 Human Resources, Department of 

11 Insurance, Department of 

12 Justice, Department of 

13 Labor, Department of 

14A Crime Control, Department of 

15 Natural Resources and Community Development 

16 Education, Department of 

17 Revenue, Department of 

1 8 Secretary' of State 

19A Transportation, Department of 

20 Treasurer, Department of State 

*2I Occupational Licensing Boards 

22 Administrative Procedures 

23 Community Colleges, Department of 

24 Independent Agencies 

25 Personnel, Department of State 

26 Office of Administrative Hearings 

NOTE: Title 21 contains the chapters of the various occupational 
licensing boards. 



CHAPTER 



LICENSING BOARD 



2 
4 
6 
8 
10 
12 
14 
16 
18 
20 
21 
22 
26 
28 
30 
31 
32 
33 
34 
36 
37 
38 
40 



Architecture, Board of 

Auctioneers, Commission for 

Barber Examiners, Board of 

Certified Public Accountant Examiners 

Chiropractic Examiners, Board of 

Contractors, Licensing Board for 

Cosmetic Art Examiners, Board of 

Dental Examiners, Board of 

Electrical Contractors, Board of Examiners 

Foresters, Board of Registration for 

Geologists, Board of 

Hearing Aid Dealers and Fitters Board 

Landscape Architects, Licensing Board of 

Landscape Contractors, Registration Board of 

Law Fxaminers, Board of 

Martial & Family Iherapy Certification Board 

Medical Examiners, Board of 

Midwifery Joint Committee 

Mortuary Science, Board of 

Nursing, Board of 

Nursing Home Administrators, Board of 

Occupational Therapist, Board of 

Opticians, Board of 



ISORTH CAROLINA REGISTER 



281 



NC AC INDEX 



42 Optometry, Board of Examiners in 

44 Osteopathic Exammation and Registration 

46 Pharmacy, Board of 

48 Physical Therapy, Examining Committee of 

50 Plumbing and Heating Contractors, Board of 

52 Podiatry' Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and Land Surveyors 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary Medical Board 



282 .\0R TH CAROLISA REGIS TER 



CUMULA TIVE INDEX 



CUMULA TIVE INDEX 

(April 1987 - March 1988) 



1987- 1988 

Pages Issue 

1-137 April 

138-169 May 

170 - 198 June 

199-285 July 



AC) - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

E - Errata 

EO - Executive Order 

EDE - Einal Decision Letters 

1 R - rinal Rule 

GS - General Statute 

JO - Judicial Order 

IRA - List of Rules Affected 

\1 - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Jemporary Rule 

AD.MIMSTRATION 

Auxiliary Services, 203 PR 

State Employees Combined Campaign, 13 PR 

AGRICLETIRE 

Food and Drug Protection, 204 PR 
Markets, 206 PR 
N. C. State Pair, 205 PR 
Pesticide Board, 13 PR 
Standards Division, 206 PR 
Structural Pest Control, 205 PR 
Veterinary, 209 PR 

COMMERCE 

Departmental Rules, 14 PR, 143 PR 
Savings & Loan Division, 147 PR 

coMMUMiY coleec;es 

Community Colleges, 270 PR 

CORRECIION 

Division of Pnsons, 105 ER, 190 ER, 275 I-R 
Parole Commission, 106 PR 



NOR IH CAROLINA REGIS lER 283 



CLMULATIVE ISDEX 



CRIMK COM ROL AND PUBLIC SAFETY 

State Huihwav Patrol. 159 PR 



KXIXL TIN K ORDIRS 








Executive Orders 34 - 


42, 


1 


EO 


43 - 


46, 


138 


EO 


47 - 


49, 


171 


EO 




50, 


199 


EO 



FINAL DECISION LEll ERS 

Votmg Rights Act, 10 FDL, 141 EDL, 200 FDE 

HUMAN RESOURCES 

AIDC, 156 PR 

Facility Ser\ices. 174 PR. 211 PR 
Familv Services, 152 PR 
Health SeP,ices. 237 PR 
Indi\idual and Familv Support, 153 PR 
.Medical Assistance. l'74 PR, 248 PR 
Medical Ser%-ices, 149 PR 
Mental Health Retardation 
and Substance Abuse, 15 PR, 247 PR 
Notice. 170 C 

INSURANCE 

Life Accident & Health Division. 17 PR 

JISIICE 

Education and ] raining Standards. 19 PR 
Private Protective Ser\ices. 249 PR 

LICENSrSG BOARD 

CPA, 269 PR 

Chiropractice Examiners. 17S PR 

Medical Examiners, 95 PR 

Nursing Home Administrators. 1S2 PR 

LISI OF RULES AFFECTED 

\'olume 12. No. 1 
(.April 1, 1987). 131 I RA 
Volume 12, No. 2 
(May 1, 1987). 163 ERA 
\'olume 12. No. 3 
(June 1. 198"^). 193 ER.A 
\'olume 12. No. 4 
(July 1, 1987). 277 ERA 

N.ATURAL RESOURC ES AND COMMUNITY DE\ ELOPMENT 

Coastal Management. ^)4 PR. 160 PR. 259 PR 
I'conomic Opportunit\ . 161 PR 
I'nvironmental Management. 29 PR. 249 PR 
Manne Fisheries. S4 f'R. 255 PR 
Wildlife Resources. 175 PR. 268 PR 

RE\ENUE 

lndi\idu:i] Income Tax. 107 FR 
.Motor Fuels Tax, lOS FR 



2S4 .\OR TH CAROLI.\A REGIS TER 



CUMULA TIVE INDEX 



STATE PERSONNEL 

Employee Benefits, 183 PR 

State Personnel Commission, 96 PR 

STATE TREASURER 

Departmental Rules, 161 PR 
Investment Program, 177 PR 

TRANSPORTATION 

Motor Vehicles, 109 FR 



NOR TH CA R OLINA REGIS TER 2S5 



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